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New York State Department of State Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza, 99 Washington Avenue Albany, NY 12231-0001
www.dos.ny.gov
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-0239-f-l (Rev. 04/14) Page 1 of 106
Local Law Filing (Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use italics or
underlining to indicate new matter.
County City Town Village (Select one:)
of Sennett
Local Law No. 7 of the year 2014
A Local Law to Enact a New Zoning Law in the Town of Sennett______________________
______________________________________________________________________________
______________________________________________________________________________
Be it enacted by the Town Board of the (Name of Legislative Body)
County City Town Village (Select one:)
of Sennett as follows:
TOWN OF SENNETT
LOCAL LAW NO. 7 FOR THE YEAR 2014
A LOCAL LAW TO ENACT A NEW ZONING LAW
IN THE TOWN OF SENNETT
Be it enacted by the Town Board of the Town of Sennett as follows:
SECTION 1. ZONING LAW
The Zoning Law of the Town of Sennett is hereby amended to delete in its entirety the existing
Zoning Law of the Town of Sennett and to replace said Zoning Law with a new Zoning Law
titled “Zoning Law of the Town of Sennett” as follows:
DOS-0239-f-l (Rev. 04/14) Page 2 of 106
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DOS-0239-f-l (Rev. 04/14) Page 3 of 106
ZONING LAW OF THE
TOWN OF SENNETT
OCTOBER 16, 2014
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Table of Contents
Contents Page
ARTICLE I GENERAL PROVISIONS ................................................................................1
Section 100 Title; Scope; Purposes; Interpretation of Provisions; Conflict
with State Law ...................................................................................................1
ARTICLE II DEFINITIONS ...................................................................................................2
Section 200 General ...............................................................................................................2
ARTICLE III ESTABLISHMENT AND DESIGNATION OF DISTRICTS .......................15
Section 300 Establishment of Districts ................................................................................15
Section 301 Zoning Map ......................................................................................................16
Section 302 Interpretation of District Boundaries ...............................................................16
Section 303 Notice of Subdivision ......................................................................................16
ARTICLE IV PLANNED DEVELOPMENT DISTRICTS ...................................................17
Section 400 Purpose .............................................................................................................17
Section 401 Objectives ........................................................................................................17
Section 402 General Requirements ......................................................................................17
Section 403 Application Procedures for PDD Approval .....................................................19
Section 404 Design Standards and Specific Requirements .................................................22
ARTICLE V USE REGULATIONS .....................................................................................25
Section 500 Applicability of Regulations ............................................................................25
Section 501 Uses by Right, Special Permit, & Uses Not Permitted. ...................................25
Section 502 Uses Are Subject to Other Regulations ...........................................................25
Section 503 Prohibited Uses. ...............................................................................................25
Section 504 Table of Use Regulations .................................................................................26
SPECIAL CONDITIONS REFERENCED IN SECTION 504, TABLE OF USE
REGULATIONS..............................................................................................30
ADDITIONAL CRITERIA FOR CERTAIN SPECIFIED USES ................................................29
Section 504.1 Farm Stand for Sale of Produce ...........................................................29
Section 504.2 Veterinary Clinic/Animal Hospital ......................................................29
Section 504.3 Factory Manufactured Housing Requirements ....................................29
Section 504.4 Multiple Family Dwelling....................................................................29
Section 504.5 Institutions Including Places of Worship, Religious
Institutions, Public and Private Schools, Libraries, and
Museums Permitted Subject to the Following .....................................29
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Contents Page
Section 504.6 Community Center, Recreation Center ................................................29
Section 504.7 Home Occupation as an Accessory Use to a Dwelling........................30
Section 504.8 Attached and Unattached Accessory Buildings and
Accessory Uses ....................................................................................30
Section 504.9 Swimming Pools and Ponds.................................................................31
Section 504.10 Fences and Walls .................................................................................31
Section 504.11 Bed and Breakfast and Boarding House ..............................................31
Section 504.12 Vehicle Service Station ........................................................................32
Section 504.13 Mobile Home Park ...............................................................................32
Section 504.14 Junkyard ...............................................................................................32
Section 504.15 Emergency Occupancy ........................................................................33
Section 504.16 Farm Worker Dwelling ........................................................................33
Section 504.17 Campground, Outdoor Recreation Facility ..........................................33
Section 504.18 Construction Services, Home-Based ...................................................33
Section 504.19 Heavy Industry, Mining and Excavations ............................................33
Section 504.20 Adult Uses ............................................................................................37
Section 504.21 Dwelling, In-Law Apartment ...............................................................39
Section 504.22 Animal Day Care, Kennels or Shelters ................................................39
Section 504.23 Stables ..................................................................................................39
ARTICLE VI SITE PLAN REVIEW STANDARDS ............................................................40
Section 600 Site Plan Review ..............................................................................................40
Section 601 Other Considerations .......................................................................................48
Section 602 Existing Structures ...........................................................................................49
ARTICLE VII DIMENSIONAL REQUIREMENTS ..............................................................49
Section 700 District Regulations .........................................................................................49
TABLE OF DIMENSIONAL REQUIREMENTS* ......................................................................50
Section 701 Lot Area or Yards Required .............................................................................50
Section 702 Exceptions to Minimum Lot Sizes and Lot Widths .........................................50
Section 703 Traffic Visibility Across Corners (clear sight triangle) ...................................50
Section 704 Essential Services.............................................................................................51
Section 705 Terraces, etc., and Projections in Required Yards ...........................................51
Section 706 Front and Side Yards of Corner Lots ...............................................................51
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Contents Page
Section 707 Building Height Regulations............................................................................51
ARTICLE VIII OFF STREET PARKING AND LOADING ...................................................51
Section 800 Required Off-Street Parking and Loading Spaces ...........................................51
Section 801 Design of Off-Street Parking and Loading Facilities ......................................53
ARTICLE IX SIGNS ..............................................................................................................53
Section 900 Conflicts ...........................................................................................................53
Section 901 Definition of “Sign” .........................................................................................53
Section 902 Definitions of “On-Premises” and “Off-premises” Signs ................................53
Section 903 Area of a Sign ..................................................................................................54
Section 904 Permit Requirements for Signs ........................................................................54
Section 905 Signs Permitted in Districts .............................................................................54
Section 906 Signs Permitted to Identify a Business ............................................................56
Section 907 General Sign Regulations ................................................................................57
Section 908 Temporary Signs ..............................................................................................57
ARTICLE X COMMERCIAL TOWERS, TELEVISION AND RADIO
TOWERS, COMMERCIAL MOBILE SERVICES AND
SATELLITE DISH ANTENNAE ...................................................................57
Section 1000 Commercial Television and Radio Towers or Facilities..................................57
Section 1001 Commercial Mobile Service Facilities.............................................................58
Section 1002 Satellite Dish Antennas ....................................................................................69
ARTICLE XI REGULATIONS REGARDING POWER GENERATING
WINDMILLS AS ON-SITE USE WIND ENERGY
CONVERSION SYSTEMS .............................................................................71
Section 1100 On-Site Use Wind Energy Conversion Systems ..............................................71
ARTICLE XII PORTABLE STORAGE STRUCTURES .......................................................77
Section 1200 The use of Portable Storage Structures are allowed pursuant to
the following conditions ..................................................................................77
Section 1201 Exemptions ......................................................................................................77
ARTICLE XIII NONCONFORMITIES ...................................................................................78
Section 1300 Purpose .............................................................................................................78
Section 1301 Definitions........................................................................................................78
Section 1302 Continuation .....................................................................................................78
Section 1303 Alteration or Extension ....................................................................................78
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Contents Page
Section 1304 Damage, Destruction and Restoration .............................................................79
Section 1305 Abandonment or Discontinuance .....................................................................79
Section 1306 Displacement Prohibited ..................................................................................80
Section 1307 District Changes ...............................................................................................80
Section 1308 Nonconforming Structures ...............................................................................80
Section 1309 Zoning Permits Required .................................................................................80
Section 1310 Nonconforming Lots of Record. (See Section 702). .......................................81
Section 1311 Access ..............................................................................................................81
Section 1312 Legal Nonconforming Residential Use ............................................................81
ARTICLE XIV ADMINISTRATION .......................................................................................81
Section 1400 Code Enforcement Officer - Duties and Powers..............................................81
Section 1401 Zoning Permits .................................................................................................82
Section 1402 Special Provisions for Issuance of Zoning Permits in Areas
Designated as Flood Hazard Areas ..................................................................83
Section 1403 Certification of Occupancy ..............................................................................83
Section 1404 Application Requirements for Zoning Permits ................................................84
Section 1405 Issuance of Zoning Permits ..............................................................................84
Section 1406 Fees ..................................................................................................................84
ARTICLE XV ZONING BOARD OF APPEALS AND TOWN BOARD .............................84
Section 1500 Establishment of Zoning Board of Appeals. ....................................................84
Section 1501 Membership, Terms of Office..........................................................................85
Section 1502 Standard of Conduct ........................................................................................86
Section 1503 Meetings ...........................................................................................................87
Section 1504 Removal ...........................................................................................................88
Section 1505 Public Record ...................................................................................................88
Section 1506 Authority ..........................................................................................................88
Section 1507 Appeals ............................................................................................................89
Section 1508 Appeals Process ...............................................................................................89
Section 1509 Types of Appeals .............................................................................................90
Section 1510 Voting Procedure .............................................................................................91
Section 1511 Decisions ..........................................................................................................92
Section 1512 Appeal to Court ................................................................................................93
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Contents Page
Section 1513 Fees ..................................................................................................................94
Section 1514 Review by Cayuga County Planning Board ....................................................94
ARTICLE XVI REMEDIES, PENALTIES, SEVERABILITY CLAUSE,
REPEALER, AND EFFECTIVE DATE. ........................................................94
Section 1600 Enforcement and Remedies .............................................................................94
Section 1601 Fines and Penalties ...........................................................................................94
Section 1602 Severability ......................................................................................................95
Section 1603 Repealer. ..........................................................................................................95
Section 1604 Effective Date. .................................................................................................95
ARTICLE I
GENERAL PROVISIONS
Section 100 Title; Scope; Purposes; Interpretation of Provisions; Conflict with State
Law.
A. Title. This Law shall be known and may be cited as the “Zoning Law of the
Town of Sennett.”
B. Scope. This Law regulates the location, design, construction, alteration,
occupancy and use of structures and the use of land in the Town of Sennett, dividing the Town
into land use districts.
C. Purposes. The Zoning Law of the Town of Sennett is enacted in conformance
with the Town of Sennett Comprehensive Plan adopted on September 22, 2009, to protect and
promote: public safety and health; agriculture; well-planned land use and zoning; housing and
open space; the Town’s commercial corridors, transportation, infrastructure and utilities;
emergency services, natural resources and the general welfare of the community and the
following additional purposes:
1. To conserve the natural resources and rural character of the Town by
permitting development in the most appropriate locations and by limiting development in areas
where it would conflict with the Town’s rural landscape.
2. To protect wooded areas, scenic views, agricultural lands, existing and
potential recreation areas, waterways, ground and surface water supplies, ecological systems,
wetlands, wildlife habitats and natural vegetation, and to maintain large areas of contiguous open
space in their current undeveloped state, in order to preserve the predominantly open and rural
character of the Town.
3. To encourage agriculture to continue and prosper because of its
importance to the local economy and to the preservation of open space and avoid regulation of
agricultural uses in a manner that unreasonably restricts or regulates farm structures or farming
practices.
4. To integrate varied types of housing and land uses in the Town in order to
encourage social and economic interaction and pedestrian activity, while reducing unnecessary
automobile and truck traffic.
5. To encourage a range of housing opportunities for all segments of the
local population.
6. To protect residents from non-agricultural nuisances, noise, odors, light,
pollution and other unsightly, obtrusive and offensive uses and activities.
7. To locate commercial and other non-residential uses in a manner that is
convenient to residences, reduces use of automobiles and allows landowners to make beneficial
economic use of their land provided that such uses are not harmful to neighboring properties or
the natural environment.
8. To encourage the conservation of energy and the appropriate use of green
technologies including solar, wind and other renewable energy resources.
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9. To ensure a flexible system of land use regulation that enables the Town
to grow its commercial corridors while preserving its most important natural, historic and
cultural features.
10. To promote safety from fire, flood, panic and other dangers.
11. To prevent the overcrowding of land and to avoid excessive concentration
of population.
12. To encourage the adequate provision of schools, parks, public facilities
and utilities.
13. To encourage the expansion of broadband internet and other
communications to underserved areas.
14. To prevent the potential negative impacts of heavy industry on the Town’s
infrastructure and upon its citizens and land resources.
These purposes shall be accomplished by observing the provisions of the State
Environmental Quality Review Act (SEQRA) with respect to the creation or modification of
zoning laws and while observing all regulations contained in 6 NYCRR Part 617 (as amended).
D. Interpretation of Provisions. All provisions of this Law shall be construed to
fulfill the purposes stated in Subsection C above and the policies expressed in the Town of
Sennett Comprehensive Plan.
E. Conflict with State Laws. To the extent that any provisions of this Local Law
are inconsistent with the Town Law of the State of New York, Chapter 62 of the Consolidated
Laws, Article 16, §§ 261 through 285, the Town Board of the Town of Sennett hereby declares
its intent to supersede those sections of the Town Law, including but not limited to, in particular
§261-A, §261-B, §261-C, §267, §267-A, §267-B, §268, §271, §274-A, and §274-B pursuant to
its home rule powers under Municipal Home Rule Law, Article 2, §10 et seq., of the
Consolidated Laws of the State of New York.
ARTICLE II
DEFINITIONS
Section 200 General.
A. Unless a contrary intention clearly appears, the following words and phrases shall
have for the purpose of this Law the meanings given in the following clauses.
B. For the purpose of this Law words and terms used herein shall be interpreted as
follows:
1. Words used in the present tense include the future.
2. The singular includes the plural.
3. The term “person” includes a corporation, partnership, and association as
well as the individual.
4. The word “lot” includes the word “plot” or “parcel”.
5. The term “shall” is mandatory.
6. The word “used” or “occupied” as applied to any land or building shall be
construed to include the words “intended, arranged, or designed to be occupied”.
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C. Any word or term not defined herein shall be used with a meaning of standard
use.
Accessory.
A. Accessory Building. (See Building, Accessory)
B. Accessory Use. (See Use, Accessory)
Administrative & Management Services. Any premises used for office and clerical purposes,
not to include any manufacturing or retail uses.
Adult Day Care. Any premises used for the care of adults with a functional impairment or
impairments who generally arrive and depart the premises daily.
Adult Use. Any business involved in the dissemination of material distinguished or
characterized by an emphasis on matter depicting, describing or relating to specified sexual
activities or specified anatomical activities, including, but not limited to, adult arcades, adult
bookstores or video stores, adult cabarets, adult live entertainment, adult drive-in theaters, adult
motels, adult motion-picture theaters, adult novelty stores and massage establishments.
A. Specified anatomical activities include any of the following:
1. Less than completely and opaquely covered human genitals, pubic region,
pubic hair or buttocks or female breast(s) below a point immediately above the top of the areola.
2. Human male genitals in a discernibly turgid state even if completely and
opaquely covered.
B. Specified sexual activities include any of the following:
1. Human genitals in a state of sexual stimulation or arousal.
2. Acts of actual or simulated human masturbation, sexual intercourse, oral
copulation or sodomy.
3. Fondling or other intentional erotic touching of human genitals, pubic
region, buttocks, anus or female breasts.
4. Excretory functions as part of or in connection with any of the activities as
set forth in Subsection B(1) through (3) of this definition.
Adult Arcade. An establishment where, for any form of consideration, one or more still or
motion-picture projectors, slide projectors, or similar machines or other image-producing
machines, for viewing for five (5) or fewer persons each, are regularly used to show films,
motion pictures, videocassettes, slides or other photographic reproductions which are
characterized by the depiction or description of specified sexual activities or specified anatomical
activities.
Adult Bookstore or Video Store. A business which derives twenty-five percent (25%) or more
of its gross income from the sale, or rental, or utilizes twenty-five percent (25%) or more of its
retail selling area for, or has stock comprised of twenty-five percent (25%) or more of any of the
following: books, magazines, periodicals, films, motion pictures, videocassettes, DVDs, slides,
compact discs and/or computer generation or their visual representations which are characterized
by the depiction and description of specified sexual activities or specified anatomical areas.
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Adult Cabaret. A nightclub, bar, restaurant, bottle club, juice bar, club or similar commercial
establishment, whether or not alcoholic beverages are served, which features:
A. Persons who appear nude or in a state of nudity or semi-nudity; or
B. Live performances which are characterized by the exposure of specified
anatomical activities or by specified sexual activities; or
C. Films, motion pictures, videocassettes, slides or other photographic reproductions
which are characterized by the depiction or description of specified sexual activities or specified
anatomical activities.
Adult Drive-in Theater. A drive-in theater that customarily presents motion pictures closed to
minors by reason of age and which displays films, motion pictures, videocassettes, slides or other
photographic reproductions which are characterized by the depiction or description of specified
sexual activities or specified anatomical activities.
Adult Live Entertainment. A business where an adult male or female exposes parts of his or
her body identified as specified anatomical activities.
Adult Motel. A hotel, motel or similar business which:
A. Offers public accommodations, for any form of consideration, which provide
patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides
or other photographic reproductions characterized by the depiction or description of specified
sexual activities or specified anatomical activities and which advertises the availability of this
sexually oriented type of material by means of a sign visible from the public right-of-way or by
means of any off-premises advertising, including, but not limited to, newspapers, magazines,
pamphlets or leaflets, radio or television; or
B. Offers a sleeping room for rent for a period of time less than ten (10) hours; or
C. Allows a tenant or occupant to subrent the sleeping room for a period of time less
than ten (10) hours.
Adult Motion-Picture Theater. An enclosed or unenclosed building or structure or portion of a
building or structure or drive-in theater used for presenting materials having, as a dominant
theme, material distinguished or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical activities for observation by patrons
therein.
Adult Novelty Store. A business which derives twenty-five percent (25%) or more of its gross
income from the sale or rental of, or utilizes twenty-five percent (25%) or more of its retail
selling area for or has stock comprised of twenty-five percent (25%) or more of any of the
following: instruments, devices or paraphernalia which are designed for use or marketed
primarily for stimulation of human genital organs or for sadomasochistic use or abuse of the
purchaser or others.
Alterations. As applied to a building or structure, a change or rearrangement in the structural
parts, or an enlargement, whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
Animal Day Care/Shelter/Kennel. Any facility that cares for multiple pets or domesticated
animals, for training, breeding, boarding or harboring, whether for profit or not.
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Area.
A. Lot Area. The total area contained within the lot lines of an individual parcel of
land, excluding any area within an existing right-of-way of any street, roadway or highway.
B. Building Area. The total of areas taken on a horizontal plane at the main grade
level of the principal building and all accessory buildings exclusive of uncovered porches,
terraces, and steps.
C. Floor Area. The sum of the areas of the several floors of the building structure,
including areas used for the human occupancy and basements, as measured from the exterior
faces of the walls. It does not include cellars, unclosed porches and attics not used for human
occupancy.
Asphalt & Concrete Mixing Plants. Any premises used primarily for the mixing of gravel, tar,
cement, or other materials to create asphalt or concrete as part of a commercial or industrial
enterprise.
Assembly/Fabrication/Packaging. Any facility designed primarily for the use of assembling
components, fabricating components, or packaging of materials or products.
Basement. A story partly underground, but having one-half or more of its height (measured
from floor to ceiling) above the average level of the adjoining ground. A basement shall be
counted as a story for the purpose of height measurement or determining square footage.
Bed and Breakfast. An owner-occupied establishment which provides overnight
accommodations and a morning meal to people who rent rooms in the owner-occupied
establishment. The structure must appear to be an ordinary dwelling and shall display no other
than a single sign no larger in surface area than four (4) square feet. Guests may be provided
with morning meals only and may be lodged no more than fourteen (14) consecutive days. No
more than four (4) guest rooms may be available for guests. No more than eight (8) guests will
be lodged at one (1) time, except for minors in the company of adult guests.
Boarding House/Rooming House. A building or part thereof, other than a hotel, motel or
restaurant, where meals and/or lodging are provided for compensation for three (3) to fifteen (15)
unrelated persons where no cooking or dining facilities are provided in individual rooms and in
which the length of stay usually exceeds one (1) week in duration.
Bookstore. Any retail establishment with the primary purpose of buying or selling printed or
electronic books and other reading materials.
Building. Any structure or series of connected structures having a roof or roofs supported by
columns or walls and intended for shelter, housing, or enclosure of persons, animals, or property.
The word “building” shall include any part thereof.
A. Building, Accessory. A subordinate building located on the same lot as a
principal building and clearly incidental and subordinate to the principal building. Any portion
of a principal building devoted or intended to be devoted to an accessory use is not an accessory
building.
B. Building, Detached. Any freestanding building that does not abut any other
building and where all sides of the building are surrounded by yards or open areas within the
zoning lot.
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C. Building, Principal. A building in which is conducted, or is intended to be
conducted, the principal use of the lot on which it is located.
Building Height. A vertical distance measured from the mean elevation of the proposed
finished grade at the front of the building to the highest point of the roof for flat roofs, to the
deck lines of mansard roofs and to the mean height between the eaves and ridge for gable, hip,
and gambrel roofs.
Building Coverage. That percentage of the plot or lot area covered by the building area.
Café/Internet Café/Coffee Bar - Outdoor Seating Approved. Any coffee house, deli, or bar
(other than a Restaurant) where beverages or foods may be prepared and sold, whether
consumption of such beverages or foods occurs on or off premises; such uses may be permitted
in conjunction with Bookstores.
Car Wash. A facility for the washing or steam cleaning of passenger vehicles. The term shall
include a single unit facility which has a single bay and a facility which has a group of single
bays with each bay to accommodate one (1) vehicle only. Car wash shall also include a facility
designed as a tunnel which allows washing of multiple vehicles in a tandem arrangement while
moving through the facility.
Care Facility/Residence or Shelter. A hospital, nursing home, medical clinic or office building
for doctors and other medical personnel, including any residential facility in which the residents
receive medical, nursing or other care meeting the needs of daily living because of the residents’
state of health, including but not limited to assisted living, congregate care and rehabilitation
facilities.
Carnival/Circus/Festival/Show/Exhibition. Any temporary, traveling or itinerant commercial
amusement enterprise used for exhibitions of horsemanship, acrobatic performances, acts of
clowns, feats of animal training or the like open to the public, whether or not a fee is charged to
spectators or participants.
Cellar. A story partly underground and having more than one half of its height (measured from
floor to ceiling) below the average level of the adjoining ground. A cellar shall not be
considered in determining the permissible number of stories or square footage.
Cemetery/Crypt. Any land, place, structure, facility, building, grave, mausoleum, vault,
columbarium, or other receptacle specifically designated for the repose of deceased human
remains.
Child Care Center. An institution which regularly provides supplemental parental care and
supervision to a group of non-related children for less than twenty-four (24) hours per day.
Schools themselves are not classified as child care centers. As used in this Law, the term is not
intended to include babysitting services of a casual, non-recurring nature or those provided in a
child's own home. Likewise, the term is not intended to include cooperative, reciprocative child
care by a group of parents in their respective homes.
Child Care, In-Home. A private residence where care, protection and supervision of children
are provided, for a fee, in compliance with Section 390 of the Social Services Law and all
applicable regulations.
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Clinic/Rehab/Therapy - Outpatient. Any building or portion of a building containing an office
or offices of medical doctors, dentists, psychiatrists, chiropractors, physical therapists and other
members of the medical profession which provide facilities and services for outpatient care,
diagnosis, treatment, and observation of individuals suffering from illness.
Commercial Mobile Service. Cellular telephone services, special mobile radio services and
personal communication services as those terms are defined and regulated by the FCC.
Community Center/Recreation Center. Any facility for use by the general public or
community, wherein social, artistic, recreational, welfare, health, habilitation, or rehabilitation
services are provided, whether operated for profit, not-for-profit, or by a municipality.
Concrete - Precast. Any commercial operation that pre-casts concrete into molds for structural
or safety uses such as New Jersey barriers, cemetery vaults, or blocks.
Construction Services. Any commercial operation intended to serve the commercial or
residential building, construction, masonry, carpentry or similar industry.
Construction Services, Home-Based. A use customarily associated with a particular building
trade such as carpentry, plumbing or other specialized contractor which is based from the
tradesman’s home, but which does not occur on premises.
Convenience Store. Any retail store intended to serve local neighborhoods, passing motorists,
and the general public by providing a limited range of packaged foods and beverages, along with
consumer household goods. Gas sales are allowed as part of a convenience store.
Crematorium. Any facility used for processing deceased human or animal remains by
cremation.
Diner/Eat Inside. An eatery facility designed to serve eat-in customers on premises and
generally characterized by the use of stool-seating around a counter service area complimented
by supplemental booth-seating.
Dog Grooming Facility. Any building or facility used for cleaning or grooming of dogs without
providing overnight accommodation.
Dwelling. A building designed or used exclusively for one (1) or more dwelling units. The
terms “dwelling,” “single family dwelling,” “two family dwelling” or “multi-family dwelling”
shall not be deemed to include a motel, hotel, or mobile home.
A. Dwelling Unit. Any room or group of rooms located within a residential building
and forming a single habitable unit with facilities which are used or intended to be used for
living, sleeping, cooking and eating by one (1) family.
B. Dwelling, Single Family. A dwelling having (i) only one (1) dwelling unit from
ground to roof, (ii) independent outside access, and (iii) open space on all sides.
C. Dwelling, Two-Family. A building designed for or occupied exclusively by two
(2) families living independently of each other.
D. Dwelling, Multi-Family. A building used or designed as a residence for three (3)
or more families living independently of each other. A Townhouse shall not be deemed to be a
“Multi-Family Dwelling”.
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E. Dwelling, Townhouse. A dwelling unit that makes provisions for living and
sleeping facilities for one (1) family and which is one of a series of two (2) or more units having
a common wall between each adjacent unit. Each adjacent unit shall have a private outside
entrance, separate utilities and be located on a separate lot from the dwelling(s) to which it is
attached. No more than a single dwelling unit shall be contained in any single ground to roof
unit.
F. Dwelling, In-Law Apartment. A separate living space within a single family
dwelling unit consisting of separate sleeping, cooking and bathroom facilities and which is
intended to be occupied by the father, mother, aunt, uncle, grandparent, grandchild, son or
daughter by blood, marriage or legal adoption of the owner of the single-family dwelling. In-law
apartments may be occupied only by members of the family unit occupying the single-family
dwelling or by in-laws of a member of said family unit.
Educational Facility. Premises used for the development of private or public education,
including but not limited to schools, colleges, vocational schools, and BOCES facilities.
Emergency Services Facility. Premises used for either private or public emergency response
operations including but not limited to fire departments, ambulance services, and search and
rescue operations.
Family. One (1) or more persons living, sleeping, cooking and eating on the same premises as a
single housekeeping unit.
Farm. One (1) or more parcels of land operated as a unit as either a principal or accessory use
for the purpose of producing agricultural, horticultural, floriculture, vegetable and fruit products
of the soil, livestock and meats, poultry, eggs, dairy products, nuts, honey, grapes, wool and
hides, but shall not include the breeding, raising or maintaining of furbearing animals or
abattoirs, riding academies, livery stables or animal kennels. A garden accessory to a residential
use shall not be deemed a farm or farm use. A principal farm use may include a dwelling or
dwellings as an accessory use.
Farm/Dwelling for Farm Workers. Any premises or property used as a residence and located
on a farm for the purpose of housing the owners and/or workers of that particular farm.
Farm Stand for Sale of Produce. An outdoor retail enterprise designed for the sale of farm
produce to the public sold from the farm premises.
Financial Institutions/Banks. Any bank, securities institution, savings and loan institution,
credit union or other financial institution that provides retail banking services to individuals or
businesses. The term shall also include institutions engaged in the on-site circulation of cash
money.
Funeral Home/Mortuary. Premises used for the provision of services such as preparing human
remains for burial, and arranging and managing funerals. This term does not include cemeteries,
crematoriums and columbariums.
Golf Course/Regulation. An area of land laid out for the primary purpose of playing or
teaching golf with a series of nine (9) or eighteen (18) holes, each including tee, fairway, and
putting green, sometimes including natural or artificial hazards. A golf course may be public,
private, or semi-public. The term includes any restaurant or pro shop services located on site.
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Government Facility/Town, County, State, Federal. Any building, structure, parcel, or tract
owned or operated by either the United States, New York State, Cayuga County, or the Town of
Sennett.
Grain Elevator. Any storehouse or other operation used to lift, load or prepare for transport
threshed grain or animal feed.
Greenhouse/Nursery - Commercial. Any premises devoted to the growing of flowers, plants,
shrubbery and trees for retail sale.
Hatchery - Fish. Any operation designed for the hatching and raising of fish.
Home Occupation. The conducting of an occupation or profession entirely within the confines
of a dwelling which is clearly incidental and secondary to the use of the dwelling for residential
purposes. (See 504.7)
Hospital. Any sanitarium, sanatorium, preventorium, clinic, or any other facility or institution,
licensed and approved by New York State, used for the diagnosis, treatment or care of sick,
ailing, or injured patients. (See Care Facility/Residence or Shelter).
Hotel. A building, or any part thereof, which contains living and sleeping accommodations for
transient occupancy, has a common exterior entrance or entrances, and which may contain one or
more facilities incidental to such occupancy, such as dining rooms, restaurants, meeting rooms,
lounges, swimming pools and related incidental uses designed primarily to accommodate the
occupants thereof but also open to the general public. (See Motel).
Landscape/Garden Center. Any establishment that grows or sells gardening or landscaping
supplies, products, seeds, or plants, and as part of the use provides customers with products or
advice on gardening or landscaping.
Laundromat/Dry Cleaning. Any commercial laundry facility that uses coin or card operated
machines for the washing or drying of clothing or linens or that provides a commercial
laundering service for customers regardless of whether or not washing or dry cleaning of
clothing or linens actually occurs on the premises.
Library/Museum. Any facility that houses books, transcripts, photos, or artwork for the use or
viewing by the general public.
Light Industrial. Manufacture, assembly, treatment, packaging of products or other similar uses
that do not emit objectionable levels of smoke, noise, dust, odor, glare or vibration beyond the
property boundaries.
Light Manufacturing. The transformation of raw materials into finished goods for sale, or
intermediate processes involving the production or finishing of semi-manufactured products
usually accomplished by means of a industrial operation with the use of industrial machines
which does not emit objectionable levels of smoke, noise, dust, odor, glare or vibrations beyond
the property boundaries. Specifically excluded from this definition is any facility with a process
or manufacturing procedure that creates a fuel or generates power that is exported from the
facility.
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Lot. A parcel of land used or set aside and available for use as the site of one (1) or more
buildings and buildings accessory thereto or for any other purpose, in one ownership and not
divided by a street, not including any land within the right-of-way of a public or private street
upon which said lot abuts, even if ownership to such way is the same as that of the lot. A lot for
the purpose of this Law may or may not coincide with a lot of record.
A. Corner Lot. A parcel of land at the junction of and fronting on two (2) or more
intersecting streets.
B. Depth of Lot. The mean distance from the street line of the lot to its opposite
rear line measured in the general direction of the lot lines.
C. Lot Area. See Subsection A under “Area.”
D. Lot Width. The width of the lot between side lot lines at the front building line
as prescribed by the front yard regulations.
Lot Line. Any boundary line of a Lot.
Lumber Yard. Any use where building materials or lumber are available for purchase, retail,
wholesale or rent, including tool and equipment sales or rental establishments, and building
contractors’ yards.
Manufacturing. The transformation of raw materials into finished goods for sale, or
intermediate processes involving the production or finishing of semi-manufactured goods. It is
usually accomplished by means of a large-scale industrial operation with the use of industrial
machines. Specifically excluded from this definition is any facility with a process or
manufacturing procedure that creates a fuel or generates power that is exported from the facility.
This use does not include chemical manufacturing but does include any facility operated for the
use, sale, manufacture or assembly of electrical manufacturing, mechanical manufacturing,
technical manufacturing, or optical manufacturing.
Massage Establishment. Any establishment having a fixed place of business where massages
are administered for pay, including but not limited to massage parlors, sauna baths, and steam
baths. This definition shall not be construed to included a hospital, nursing home, medical clinic
or office of a physician or surgeon, chiropractor, osteopath or duly licensed physical therapist or
duly licensed massage therapist or barbershops or beauty shops in which massages are
administered only to the scalp, face, neck or shoulders. This definition shall also exclude health
clubs, which have facilities for physical exercise, such as tennis courts, racquetball courts or
exercise rooms, and which do not receive their primary source of revenue through the
administration of massages.
Meatpacking Plant/Slaughterhouse. An establishment designated or used for the slaughter of
livestock or the processing, wholesaling or packaging of meats.
Mixed Use Commercial and Residential. A single building containing residential uses in
addition to nonresidential uses which are otherwise permitted in the district. Mixed uses will
only be permitted by special use permit in the C/LI, I, COD and & H-L districts.
Mobile Home/Factory Manufactured Home. As used in this Law the terms “mobile home”
and “factory manufactured home” are defined by the terms of the N.Y.S. Uniform Fire
Prevention and Building Code, Section 372, as now constructed or hereafter amended.
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Monument Works. Any establishment used for the business of creating, selling or erecting of
memorial monuments including but not limited to headstones, pillars, and statues.
Motel. A building or group of buildings, whether detached or in connected units, used as
individual sleeping units designed primarily for transient automobile travelers, each of which
sleeping unit is provided with a separate off-street parking space and a separate exterior entrance,
together with any incidental uses permitted for a hotel. (See Hotel).
Nonconforming Lot, Structure, and Use. (See Section 1301(A), (B)).
Office - Professional/Studio. A room or building used for the professional services of a
commercial, industrial, or professional organization.
Office Building. A building housing offices and any other rooms dedicated to the transaction of
a commercial or governmental enterprise.
On-Site Use Wind Energy Conversion System or Small Wind Energy System. A wind
energy conversion system consisting of a wind turbine, a tower, and associated controller-
conversion electronics which has a rated capacity of no greater than fifty (50) kW for single-
family residential related use and no greater than one hundred twenty-five (125) kW (for
nonresidential and farm applications) and which is intended to reduce on-site consumption of
utility power.
Parcel. A continuous quantity of land in the possession of or owned by, or recorded as the
property of, the same person or persons.
Parking Garage. Any building or portion of a building that is used on a daily basis for public or
private parking. A parking garage may include some accessory off-street parking spaces for uses
on the same lot.
Parking Lot (Primary Use). Any tract of land that is used on a regular daily basis for public or
private parking and is not accessory to a use on the same or another lot.
Personal Service - Barber Shop/Beauty Salon/Nail Salon/Tanning. Any barber shop, beauty
salon or parlor, nail salon or parlor, or tanning booth operations in a building or portion of a
building offered to the public. Adult uses are expressly excluded from personal service uses.
Petroleum Bulk Storage. Premises designed for bulk storage or wholesale trade and
distribution of petroleum products meeting all New York State safety regulations for diking,
fencing & safety controls.
Portable Storage Structure. Any container, storage unit, shed-like container or other portable
structure, other than an accessory building or shed complying with all building codes and land
use requirements, that can be or is used for the storage of personal property of any kind and
which is located for such purposes outside of an enclosed building.
Premises. A lot, together with all of the structures and uses thereon.
Printing & Publishing. Premises used for the commercial publication, printing or reproduction
of books, magazines, newspapers, posters, graphics, banners, clothing or other merchandise for
distribution or sale.
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Recreation and Entertainment Facility - Indoor. An entirely enclosed building or facility
which offers commercial indoor sports activities including but not limited to tennis, batting
cages, bowling, skating, racquetball, arcade games, volleyball, basketball, indoor soccer, martial
arts, miniature golf, paint ball, laser tag or similar activities. This use may include associated
accessory eating and drinking areas, retail sales areas and staff offices.
Recreation and Entertainment Facility - Outdoor Including Campground. Any recreation
facility where any portion of the featured activity takes place outside. This includes but is not
limited to campgrounds, golf driving ranges, batting cages, riding arenas and corrals, racquet
sports, miniature golf, paint ball, archery range, or similar activities. This use may include
associated accessory eating and drinking areas, retail sales areas and staff offices. This definition
does not include motorized vehicle sports such as go-cart tracks, dirt bike trails and all-terrain
vehicle trails or racing facilities.
Recreation/Golf Course - Mini Golf. Any facility or premises used for playing miniature golf,
or other golf related facility or premises consisting primarily of putting areas. This use may
include associated accessory eating and drinking areas and retail sales areas.
Recycle Center - Scrap Metal/Shredding. Any facility used for the collection, shredding or
temporary storage of scrap metals.
Recycle Center - Cans and Bottles. Any facility used for the collection or temporary storage of
cans or bottles for redemption or recycling.
Religious Use. Any church, synagogue or other place of religious worship, as well as a
monastery or other place of religious retreat.
Residential Accessory Use - Garage/Shed/Private Greenhouse. A use customarily incidental
and subordinate to the principally residential use or building and used in conjunction with such
principal residential use or building, including but not limited to a garage, shed, or greenhouse.
Reservoir/Public Water. Any watershed, lake or reservoir where water is stored for public
consumption.
Restaurant. Any sit down restaurant or drive-thru restaurant.
A. Restaurant, Sit Down. A business engaged in the preparation and sale of food
and beverages selected from a full menu by patrons seated at a table or counter and consumed on
the premises.
B. Restaurant, Drive-Thru. A business where food and/or beverages are sold in a
form ready for consumption, where a portion of the consumption takes place, or is designed to
take place outside the confines of the restaurant, and where customer ordering and pickup of
food is available to take place from an automobile.
Retail Store. An establishment selling goods to the general public for personal and household
consumption, including but not limited to an appliance store, baker, drugstore, florist, grocer,
hardware store, liquor store, newsstand, shoe store, stationery store and variety store.
Right-of-Way. Land set aside for use as a street, alley or other means of travel and for
placement of utilities.
Rod and Gun Club. Any property or premises designated for activities involving the sport of
shooting, fishing, or hunting whether public, or private, or semi private.
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Satellite Dish Antenna. Any parabolic dish, antenna, or other device or equipment of whatever
nature or kind, the primary purpose of which is to receive television, radio, microwave or other
electronic signals from space satellites. Such an antenna shall be considered a “structure” within
the meaning of this Law.
Saw Mill. A mechanized facility designed for cutting logs into lumber.
Seasonal Sales. Any premises or facility used for the sale of products typically identified with a
particular season, including products such as Christmas trees or flowers. Premises may be used
for seasonal sales for no more than three (3) months in a given calendar year.
Sewer.
A. Public Sewer. A “public sewer” is any municipal or privately owned sewer
system in which sewage is collected from buildings and piped to an approved sewage disposal
plant or central septic tank disposal system. It may also be referred to as “off-lot” or “off-site”
sewer.
B. Private Sewer. An “on-lot” septic tank disposal system generally providing for
disposal of effluent for only one (1) building on a single lot.
Shopping Center. Any group or series of attached or unattached buildings or structures existing
on the same lot and used for retail or services purposes.
Sign. (See Section 901).
Sod Farm. Any facility, parcel, plot, or tract of land devoted to the growing of grass or
producing sod for commercial purposes.
Stable - Private. An accessory building where horses or other animals are kept for private use
and not for hire, remuneration or sale.
Stable - Public. A building where horses are kept for instruction, training, hire, remuneration or
sale.
Story. The portion of a building enclosed between the surface of any floor and the surface of the
floor next above it or if no floor above it, then the space between any floor and the ceiling next
above it.
Street. A public or private way used or intended to be used for passage or travel by vehicles.
Street Line. The dividing line between the street and the lot. The street line shall be the same as
the legal right-of-way provided that where a future right-of-way width for a road or street has
been established, then that width shall determine the location of the street line.
Structure. A combination of materials assembled, constructed or erected at a fixed location
including a building, the use of which requires location on the ground or attachment to
something having location on the ground. A driveway shall not be considered a structure.
Tattoo Parlor/Piercing. Any business establishment where tattooing or body piercing is
performed. The term “tattooing” shall include any inserting of a pigment under the surface of
the skin of a human being, by pricking with a needle or otherwise, to produce an indelible mark
resulting in a design, picture or words visible through the skin.
Terminal - Motor or Rail. Any location where freight originates, terminates or is handled in
the transportation process or where carriers maintain operating facilities, excluding the premises
of shippers or receivers of freight.
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Theater - Indoor. Any premises, building or facility used primarily for indoor performances,
shows, arts, motion pictures, or other similar acts or productions not otherwise classified.
Theater - Outdoor/Performing Arts. Any plot, parcel or tract of land or outdoor structure used
or designed for the presentation of concerts, plays, films, or other dramatic performances.
Tower. A structure designated to support antennas including, but not limited to, free-standing
towers, guyed towers, lattice towers and monopoles.
Travel Trailer. A vehicle or portable structure with less than three hundred twenty (320) square
feet of floor area built on a chassis and designed as a temporary dwelling for travel, recreation,
vacation, and other short-term uses, and which may or may not have sanitary facilities.
Use. Any activity, occupation, business or operation carried on or intended to be carried on, in a
building or other structure or on a tract of land.
A. Use, Accessory. A use located on the same lot with a principal use, and clearly
incidental or subordinate to, and customarily in connection with, the principal use.
B. Use, Principal. The main use on a lot.
Vehicle Repair. Any building or facility designated for the repair of vehicles, regardless of
type.
Vehicle Sales - New. Premises used primarily for the sale of new vehicles, on which the sale of
used vehicles are also permitted.
Vehicle Sales - Used Only. Premises used for the sale of used vehicles.
Vehicle Service Station - With Gas. Any premises or facility where gasoline or any other
automobile engine fuel (stored only in underground tanks), kerosene or motor oil and lubricants
or grease (for operation of automobiles), are retailed directly to the public on premises, including
sale of minor accessories and service for automobiles. A vehicle service station may include a
convenience store. The definition does not include the display of motor vehicles for sale and
shall not include fuel and service stations predominately designed to service and accommodate
buses or vehicles with three or more axles.
Veterinary Clinic/Animal Hospital. A facility to diagnose and treat animal disease or disorders
or prevent animal diseases or disorders and may include the incidental sheltering of treated
animals.
Warehousing - Commercial. Any premises used by manufacturer, hauler, logistics companies,
wholesalers, retail, or buyers for the receipt and storage of merchandise, products or
manufactured goods.
Warehousing/Self Storage/Mini Storage. Premises or facility used for storage of personal or
professional items where one (1) party rents space in a compartmentalized storage unit in
exchange for a fee charged by the premises or facility owner.
Winery. Any business established for the conversion of grapes or other fruits and foods into
wine. Such uses may also provide wine tasting, wine sales, and sales of related wine products.
A winery may include a restaurant as part of its operations.
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Yard. Space on the same lot with a structure, extending along a lot line or street line and inward
to the principal structure. The size of a required yard shall be measured as the shortest distance
between the principal structure and a lot line or street line without consideration of any accessory
structures on the lot.
A. Yard, Front. A yard between a principal structure and a street line and extending
the entire length of the street line. In the case of a lot that fronts on more than one street, only
the yards fronting on the street of the property’s postal address shall be considered a front yard.
There shall be no accessory structures in the front yard of a property in a residential district.
B. Yard, Rear. A yard between a principal structure and a rear lot line and
extending the entire length of the rear lot line.
C. Yard, Side. A yard between a principal structure and a side lot line, extending
from the front yard to the rear yard. In the case of a lot having no street frontage or a lot of
irregular shape, any yard that is not a front yard or a rear yard shall be considered a side yard.
ARTICLE III
ESTABLISHMENT AND DESIGNATION OF DISTRICTS
Section 300 Establishment of Districts
Land Use Districts. For purposes of this Article, the Town of Sennett is hereby divided
into the following land use districts:
A. Agricultural/Residential (A/R) District. This district is designed to
accommodate persons who wish to reside in a rural area largely dominated by agricultural
activity and similar uses. The purpose of this district is to support agricultural operations, allow
for low density residential development, preserve open spaces and to conserve the natural
environment. Larger lots are required for this district since no public water or sewer service
exists or is anticipated. The preservation and promotion of agriculture is the primary public
policy objective in this district.
B. Residential (R) District. This district is designed to insure safe and healthful
residential occupancy and to encourage moderate to higher density residential neighborhoods
where water and sewer availability support such density. It will promote preservation of existing
residential neighborhoods, encourage development of harmonious new residential neighborhoods
in areas that are served by public utilities and afford protection to residences from conflicting
uses.
C. Commercial/Light Industrial (C/LI) District. This district is designed to allow
commerce to flourish in the Town in areas proximate to adequate transportation routes and
infrastructure. Since some uses in this district could, if improperly designed, cause harm to
adjacent or nearby activities, performance standards and site design criteria are required as
applicable. Generally, allowable industry in this district will be designed to generate minimal
volume of employee and truck traffic; create little or no noise, odor, glare, smoke, or dust.
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D. Industrial (I) District. This district is designed to foster the diversification of the
Town’s economic base by encouraging industries and manufacturing firms to locate in the Town,
and thereby increase the number of locally-based jobs while making a valuable contribution to
the Town’s tax base. Areas designated for industrial uses include land currently devoted to
industrial uses such as manufacturing, warehouses, research and development. However, Heavy
Industry, as that term is defined in §504.19, is prohibited in this and all other districts in the
Town.
E. State Routes 5 and 34 Commercial Overlay District (COD). This Overlay
District is created with the general purpose of allowing certain specified commercial uses in such
a manner as will allow the concurrent implementation of such uses with the underlying
agricultural and residential uses in the area. This Overlay District is generally situated along
State Route 5 from the intersection of State Route 5 and County House Road (to the south) to the
northern town line on State Route 5 (to the north) and along State Route 34 from the intersection
of State Route 34 and County House Road (to the south) and the intersection of State Route 34
and Manrow Road (to the north) and acts as an overlay over certain A/R districts in the town.
F. Hospitality-Lodging Overlay District (H-L). This Overlay District is created
with the general purposes of promoting agricultural/residential uses, uses related to and
complementing the hospitality or lodging industries, uses promoting recreation, and uses related
to and complementing the tourist industry. This Overlay District is generally situated on Route
20 from Mandy Rue Lane (to the west) to County Line Road (to the east) and acts as an overlay
over certain A/R districts in the town.
Section 301 Zoning Map. Said districts are bounded as shown on a map titled “Zoning
Map of the Town of Sennett,” adopted October 16, 2014, as amended, and certified by the Town
Clerk, which accompanies and which, with all explanatory matter thereon, is hereby made a part
of this Zoning Law.
Section 302 Interpretation of District Boundaries. Where uncertainty exists with
respect to the boundaries of any of the aforesaid districts as shown on the zoning map, the
following rules shall apply.
A. Where district boundaries are indicated as approximately following the
centerlines of streets or highways, street lines, or highway right-of-way lines, such centerlines,
street lines, or highway right-of-way lines shall be construed to be such boundaries.
B. Where district boundaries are indicated as approximately following lot lines, such
lines shall be construed to be such boundaries.
C. Where district boundaries are indicated as approximately parallel to the
centerlines of streets or highways, street lines, or highway right-of-way lines, such district
boundaries shall be construed as being parallel thereto and at such distance there from as
indicated on the zoning map. If no distance is given, such dimension shall be determined by the
use of the scale shown on said zoning map.
D. Where district boundaries are included as approximately following a railroad line,
such boundary shall be deemed to be located in the middle of the main tracks of said railroad
line.
Section 303 Notice of Subdivision. No land is to be offered for sale or transfer of
ownership unless it meets the requirements of the “Subdivision Ordinance” adopted by the Town
of Sennett on December 1, 1970 as thereafter amended or superseded.
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ARTICLE IV
PLANNED DEVELOPMENT DISTRICTS
Section 400 Purpose. In Planned Development Districts (PDD), land and buildings may
be used for any lawful purpose in any districts as authorized by the Town Board in specific
instances. The purpose of the PDD is to provide the flexible land use and design regulations
through the use of performance criteria and land impact considerations, so that developments
incorporating individual building sites, common property, singular land use, and/or mixed land
uses may be planned and developed as a unit. Where deemed appropriate, the Town Board may
consider a proposed planned development through an approval process requiring a zoning district
change from the original district to a PDD, in which the approved plat and a complete set of use
and dimensional regulations become the basis for continuing land use controls.
Section 401 Objectives. In order to carry out the purpose of this article, a PDD shall
achieve at least the following objectives:
A. Work as a concentrated whole unit, being self-contained and unconducive to
expansion outside its boundaries at a future date, unless such expansion when added to the
original PDD can act with it to create a larger self-contained unit.
B. Provide open spaces as an integral part of the plan.
C. Provide convenient location of commercial and service areas.
D. Preserve trees, outstanding natural topography and geologic features and prevent
soil erosion and ground and surface water pollution.
E. Make creative use of land and related physical development, which allows an
orderly transition of land from rural to more urban uses.
F. Make efficient use of land resulting in smaller networks of utilities and streets
thereby lowering costs for construction, maintenance and housing.
G. Provide a development pattern in harmony with the objectives of the Town’s
Comprehensive Plan and Cayuga County comprehensive, master, development and other similar
regional plans.
H. Provide a more desirable environment for dwelling, working and/or recreation
than would be possible through the strict application of the preset regulations in this Law.
Section 402 General Requirements.
A. Minimum Area. The minimum area requirement for a PDD shall be ten (10)
contiguous acres of land, unseparated by existing streets, highways or other properties.
B. Ownership. The tract of land for the project shall be owned or under lease option
to purchase by the applicant who may be a single person, corporation, or a group of individuals
or corporations. An application shall be filed by the owner or jointly by the owners of all
property included in a project. In the case of multiple ownership, the approved plan shall be
binding on all owners.
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C. Location. The PDD shall be applicable to any area of the Town of Sennett where
the applicant can demonstrate that the characteristics of the applicant’s holdings will meet the
objectives of this Article, the Comprehensive Plan and the spirit of this Zoning Law. A proposed
location for a PDD must have demonstrated compatibility with the surrounding land uses,
neighborhood character, and traffic pattern, capacity and volume.
D. Public Sewer and Water. Where a PDD incorporates the public sewer and/or
water services, such improvements will be proposed and installed at the sole cost and expense of
the developer. If necessary, a district will be formed by the developer.
E. Permitted Uses. The use of land and buildings in a PDD may be for any lawful
purpose as authorized by the Town Board in accordance with the procedures of this Article; the
following general uses, or combinations thereof, may be considered:
1. Residential Use. Residences may be of a variety of types, including one-
family dwellings, two-family dwellings, multiple family dwellings, condominium units and
townhouses, but not including mobile homes. In developing a balanced community, the use of a
variety of housing types and densities shall be deemed most in keeping with the objectives of this
Article; the applicant shall demonstrate that he or she is reaching as broad an economic market as
possible.
2. Commercial, Service and Other Non-residential Uses in Primarily
Residential PDD. These uses may be permitted (or required) where such uses are scaled
primarily to serve the residents of the residential PDD. Consideration shall be given to the
project as it exists in its larger setting in determining the appropriateness of such uses. In no case
shall more than fifteen percent (15%) of the gross site area be permitted for commercial uses,
services, or non-residential uses other than open space and nonprofit recreation.
a. Intensity of Land Use. Relatively high land use intensity
(exclusive of heavy industry uses) or dwelling unit density may be
permitted if it is demonstrated that a generally positive dwelling, working
and/or recreational environment is thereby produced. In determining the
suitability of land use intensity or dwelling unit density proposed for a
PDD, each case shall be considered separately. Due consideration shall be
given to applicants that demonstrate appropriate access to water and sewer
facilities. Proposed land use intensity ratings and/or dwelling unit
densities shall be completely documented by all facts, opinions and
judgments used to justify the selection of the intensity rate or unit density.
Greater density than normally allowed in the area is intended to promote
clustering and maintenance of open space. Modification of density
requirements as contained in the lot size standards of the Dimensional
Chart in this Law may impact individual lots within a PDD, but, in no case
shall they result in an overall density in excess of that normally allowed in
the entire site of the development area based upon the Dimensional Chart.
b. Common Property. Common property in a PDD is a parcel or
parcels of land together with the improvements thereon, the use and
enjoyment of which is shared by the owners and occupants of the
individual building sites. When common property exists (and such may be
required), the ownership of such common property may be either public or
private; when common property exists in private ownership, satisfactory
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arrangements shall be made for the improvement, operation and
maintenance of such common property and facilities thereon, including
but not limited to private streets, drainage facilities, drives, service and
parking areas, open space and recreation areas.
3. Commercial Uses. A PDD comprised primarily or entirely of
commercial uses may be permitted to allow for planned commercial developments which are
intended to encourage the development of land as planned commercial sites; encourage flexible
and creative concepts of site planning; accomplish a more desirable environment than would be
possible through the strict application of the minimum requirements of conventional commercial
zoning districts and to provide a stable environment and use which is compatible with the
character of surrounding areas. Any primarily commercial PDD may be designed to allow non-
residential uses, including commercial or retail uses, recreational uses, industrial uses, offices,
clinics and professional uses (and combinations thereof) but shall, in no event, allow any heavy
industry. Residential uses including multiple family dwellings, condominiums, apartments and
townhouses of medium to high density, and above-store or above-office flats to provide
affordable housing in close proximity to employment centers shall also be permitted, provided
that in no case shall more than fifteen percent (15%) of the gross site area be permitted for
residential uses or uses other than open space and nonprofit recreation.
Section 403 Application Procedures for PDD Approval. For full approval of a proposed
PDD the applicant shall (1) secure a lawful zoning district change for his property from its
present district to a PDD, which process shall be that of amending the Zoning Law and Map to
include the proposed PDD plan and all the related specifications, and use and dimensional
regulations specific thereto; (2) after the zoning district change, it shall be required that the
subdivision and platting of all lands on the proposed PDD be subject to Section 504 of this Law;
and (3) before construction and occupancy of buildings or land, the proper permit(s) shall be
secured by the applicant in accordance with this Law. The Town Board may utilize its powers
under the Municipal Home Rule Law or the Town Law to accomplish the change of zoning.
When any PDD is proposed, before any permit for erection of a permanent building in
such PDD shall be granted, and before any subdivision plat or any part thereof may be filed in
the Cayuga County Clerk's office, the applicant or his or her authorized agent shall apply for and
secure approval of such PDD in accordance with the following procedures:
A. Pre-application Discussion Stage. Prior to formal application the applicant may
present the proposed PDD to the Town Planning Board in rough sketch and written descriptive
form to obtain initial opinions concerning the suitability of the concepts and general elements of
the development, and to ensure the required procedures for the PDD application are fully
understood by the applicant. In this stage, it is advised that most of the items in Section 403(B)
be addressed at least in rough form by the applicant. Conceptual approval at this stage shall not
be considered binding in any way.
B. Application for PDD Zoning. Application for the establishment of a PDD shall
be made to the Town Board in plan (drawn to scale) and written report form. Prior to Town
Board action, to insure that the proposed PDD is within the intent of the comprehensive planning
activities of the Town, the Town Board shall, immediately after receiving the application, refer it
for the purpose of review and recommendations to the Town Planning Board, which shall have
sixty-two (62) days from its next regularly scheduled meeting within which to report. As
deemed appropriate, either the Town Board or the Town Planning Board may submit the PDD
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application to the Cayuga County Planning Board for an informal review. As applicable in
accordance with Sections 239-l and -m of Article 12-B of the New York State General Municipal
Law, the Town Board shall refer the PDD application for formal review and recommendations to
the Cayuga County Planning Board which shall have thirty (30) days or an agreed-upon longer
period from its next regularly scheduled meeting within which to submit its report. If either
planning board does not report to the Town Board within the specified time period, their inaction
shall be construed as them having no recommendations.
Acceptability of a PDD proposal shall be based upon the Town Board's judgment
concerning the overall quality of the PDD proposal, and the extent of its impact upon the Town
and its citizens, and their or other's properties. In order for the Town Board to adequately
evaluate the PDD proposal, the application (in its plan and written form) shall address the
following areas, and the information shall be furnished therein in a reasonably complete manner.
1. Project Particulars. The applicant(s) shall include the name and location
of the project; name(s) and address(es) of the owner(s); names and addresses of the applicants (if
different) a legal description of all property; the names of the owners of abutting properties and
those within 1,500 feet of the property, and the current use of such abutting properties.
2. Type of Development. The type of development shall be fully described,
including at least the following information.
a. Residential. Total acreage of residential area and each residential
portion of the development; total number of dwelling units and number in
each residential portion; percentage and numbers of dwelling units by type
(single family, condominium units, townhouses, etc.); dwelling unit
density per gross site acreage; estimated population of the development
and estimated number of school-age children.
b. Commercial. Total acreage of commercial area; gross leasable
floor area in square feet; land use intensity rating; general description of
commercial types and their general requirements for receiving and
delivering goods.
3. Staging of Development. Description on plan and in written report of the
planned staging of the project (and such staging may be required).
4. Natural Site. A description of the natural site shall be included with at
least the following information: soil characteristics and limitations; extent of and treatment
intended for the site's vegetative cover (especially trees); topographical features (on topographic
map); existing and proposed site drainage; foreseeable needs of the site for construction
precautions; existing conditions of and the projected effects upon the ground and surface waters
of the site and community; possible air pollution hazards.
5. Site Planning and Design Considerations. Descriptions and illustrations
(in the form of a plan or map with key) of the following: proposed uses, site ingress and egress;
parking; on-site pedestrian and vehicular circulation; general landscaping treatment; general
location and arrangement of buildings and other structures; locations of all facilities; and general
visual description.
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6. Transportation and Traffic. Descriptions of at least the following:
existing streets serving the area; the level of service provided by existing streets in terms of
traffic count and street traffic capacities; expected modifications for existing street systems
required by project; estimated daily automobile trips generated by the residential and other uses;
availability of public transportation to site; design considerations for deterring on-site and area
congestion.
7. General Market Information. Describe the need for the proposed land
uses in their proposed locations and their proposed quantities; and the intended market structures
for the residential units (prices and rents, describe whether low-income, middle-income, luxury,
etc.).
8. Projected Fiscal Impacts on Town. Calculations of projected Town
revenues and expected costs to be incurred by the Town as a result of the proposed development.
9. Utilities and Related Services. Describe the following and detail their
intended locations on the plan(s): the method and projected quantities of waste water (sewage)
from the development; demand and source of supply for water; level of service needed and
available for fire protection; demands for and availability of natural gas and electricity; projected
quantities of and method of disposal for solid wastes.
10. General Effects of Development on Neighborhood and Community
Appearance and Land Use. Description of effects on the appearance; relationship of project to
predominant character and land use in area (compatibility).
11. Relationship of Proposed PDD to Official Town and Cayuga County
Development Policies. Information on how the proposed PDD relates to local and area-wide
goals and policies as stated in plans and regulations.
12. Development, Operation and Maintenance of Open Space and
Common Properties. A general statement concerning the responsibility for development,
operation and maintenance of open space and common properties, and proposed methods for
their implementation.
13. Developer Competence. Evidence in the applicant's behalf to
demonstrate his competence to carry out the plan and his awareness of the physical and financial
scope of the project.
14. Other. Any other such information as the Town Board deems to be
reasonably pertinent to the adequate consideration and evaluation of the proposed project.
C. Public Hearing. Within sixty-two (62) days after receiving a report from the
Town Planning Board and completion of the environmental review process, the Town Board
shall schedule and conduct a public hearing for the purpose of considering the change in zoning
district to PDD for the applicant’s plan in accordance with the procedures required under
Section 265 of the New York State Town Law.
D. Town Board Action. Within sixty-two (62) days after the close of a public
hearing the Town Board shall render its decision on the PDD application. If the Town Board
grants the PDD zoning by local law or other permissible means, the Zoning Map shall be so
noted, and this Law shall be amended so as to define the legal boundaries of the PDD, but such
action shall have effect only of granting permission for development of the specific proposed
land uses in accordance with the use and dimensional specifications, plans and related materials
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filed with the Town Board and related to the specific PDD; such specifications, plans and related
materials to include, if deemed necessary by the Town Board to protect the public health, safety
and welfare of the Town, any conditions and requirements for the applicant to meet. The
approved plan and the related attachments shall be deemed an amendment to this Law and shall
serve as continuing land use controls for the specific PDD; the first such zoned PDD shall de
designated “PDD-1”, with subsequent unrelated PDD to be numbered in continuing sequence.
E. Annual Review of PDD. The Town Board shall review the PDD annually in
order to determine the amount and quality of the progress made by the developer toward
fulfilling the specifications and plans and any attached conditions. Based upon the progress
made by the developer, the Town Board may reconsider the PDD and further amend this Law in
relation to it if progress is not to the satisfaction of the Town Board or not in keeping with the
staging approved by the Town Board. If no progress is made on the site of the PDD within the
first year after approval, the Town Board may consider changing the zoning of the property to
the original or other zoning district classification. Little or no progress on the PDD site by the
developer does not guarantee the Town Board will take action to change the zoning, especially if
the developer demonstrates to the satisfaction of the Town Board that the developer is acting in
continuing good faith and, where applicable, the preliminary plat plans are in preparation.
F. Subdivision Plat Approval. If any portion of a PDD property is intended for
sale or other form of transfer, whether immediate or future, the development shall be considered
a subdivision of land and shall be subject to the “Subdivision Regulations of the Town of
Sennett”; where the requirements and the specifications of the subdivision regulations are in
conflict with the PDD plan approved by the Town Board the approved plan shall take
precedence.
Section 404 Design Standards and Specific Requirements. The following uses shall be
permitted in the Town of Sennett only in accordance with the procedures of this Article; and in
addition to the other provisions of this Article, the following requirements shall apply to the
specific planned developments:
A. Mobile Home Park shall be permitted subject to the following provisions:
1. A mobile home park shall comprise an area of not less than twenty-five
(25) acres, and no mobile home, office or service building shall be closer than one hundred
(100’) feet from any street, road or highway line, nor closer than one hundred (100’) feet from
any lot line.
2. A mobile home park shall be located on a well-drained site suitable for the
purpose.
3. A mobile home park shall have an internal street system adequate for
access to each mobile home lot; all parks shall have access from two (2) points along a street,
road or highway, or if bordering on two (2) streets, roads or highways or combinations thereof,
access may be one (1) from each; access points shall be separated by at least one hundred (100’)
feet; the surfaces of all streets in a mobile home park shall be paved.
4. The total number of mobile home lots shall not exceed six (6) per gross
acre.
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5. Mobile home parks accommodating, or capable of accommodating
twenty-five (25) or more mobile homes shall have at least eight percent (8%) of the gross site
area set aside as recreation area, playground, open space, greenbelt, or similar amenity to be
approved by the Planning Board as to design and location.
6. All utility lines, including water, sewer, electric and telephone, shall be
installed underground.
7. A mobile home park shall have buffer strips along the margins of the
front, side and rear lot lines, provided that such buffer strips shall not interfere with the vision of
motorists at intersections and the access points for the mobile home park, such buffer strips shall
be at least six (6’) feet in depth and consist of interlocking trees and foliage acceptable to the
Town Board and subsequently to the Enforcement Officer.
8. Suitable landscaping, including at least lawns and plantings, shall be
installed and maintained in all mobile home parks.
9. A sufficient supply of pure, healthful drinking water approved by the
Cayuga County Health Department or such health department having jurisdiction shall be
provided in a mobile home park; if the water is from a private source, periodic tests shall be
made as requested by the Cayuga County Health Department or other such agency having
jurisdiction.
10. Sewage from each mobile home shall be removed into a public sewer
system approved by the Cayuga County Health Department or other such agency having
jurisdiction, or into a private sewer system with disposal plant or septic tank approved by the
same health department.
11. All mobile homes installed in mobile home parks shall be constructed and
installed in compliance with the applicable provisions of the New York State Executive Law
(Uniform Fire Prevention and Building Code), and this Law.
12. Storage space within a permanent, enclosed structure shall be provided in
an amount equal to at least one hundred (100 sq. ft.) square feet for each mobile home in the
mobile home park.
13. One (1) metal garbage receptacle with a tight fitting cover shall be
provided for each mobile home, and one (1) large metal receptacle for trash shall be provided for
every two (2) mobile homes; these receptacles shall be kept in sanitary condition and emptied
weekly by the owner or his agent.
14. Individual mobile home lots in a mobile home park shall have an area of
not less than six thousand (6,000 sq. ft.) square feet with a minimum width of sixty (60’) feet.
15. No mobile home or portion thereof shall be placed closer than thirty-five
(35’) feet to any other mobile home or building or portion thereof.
16. The approach area to each entrance of a mobile home or addition thereof
shall have the minimum dimensions of four (4’) feet by eight (8’) feet with construction of
concrete, crushed stone, cinderblock, flagstone or equivalent, such to provide for a reasonable
dry surface.
17. Each mobile home shall be placed upon a reinforced pad with minimum
dimensions of the size of the mobile home.
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18. Parking spaces shall be provided at the rate of at least two (2) car spaces
for each mobile home plus an additional car space for each four (4) lots.
19. Each mobile home shall be provided with skirting of attractive, fireproof
material; the entire base of the mobile home shall be enclosed, and a door panel of at least three
(3’) feet in width shall be provided in the skirting to permit access.
20. No addition to a mobile home shall be constructed which would increase
the living floor space of that mobile home; additions for the purposes of storage space, protection
from sun and weather or other similar purpose, including but not limited to awnings, covered
patios and carports may be permitted only upon approval of the mobile home park operator and
the Code Enforcement Officer.
B. Townhouse Developments shall be permitted subject to the following provisions:
1. Rows of attached townhouses shall average no more than eight (8)
dwelling units.
2. Each building in which dwelling units are located shall meet the front,
rear, and side yard setbacks established for single family dwellings in the A/R District by the
Table of Dimensional Standards.
3. Each building in which dwelling units are located shall be placed upon a
plot of land that is sufficiently large so that, if subdivided and placed into individual ownership
in conjunction with a dwelling unit therein will permit each subdivision to meet the requirements
of Subsection 6 of this Section.
4. The development shall not cause more than thirty percent (30%) of the
total land area to be built upon.
5. At least two (2) off street parking spaces shall be provided for each
dwelling unit having three (3) or fewer bedrooms, and at least three (3) off street parking spaces
for each dwelling unit having more than three (3) bedrooms. Spaces may include garage spaces.
6. If subdivided in order to permit individual ownership of dwelling units in
conjunction with a portion of the parcel upon which the building is located, each lot so created
shall meet the following minimum standards.
a. total lot area = twice the habitable floor area of the
dwelling unit
b. side yard setback = end units, twenty-five (25’) feet
= center units, zero (0’) feet
c. front yard setback = when dwelling units in the building share
common rear interior walls, seventy (70’)
feet
= when dwelling units in the building have
front and rear yards, thirty-five (35’) feet
d. rear yard setback = when dwelling units in the building share
common rear interior walls, zero (0’) feet
= when dwelling units in the building have
front and rear yards, thirty-five (35’) feet
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C. Certain Residential Subdivisions. The Planning Board, in conducting the
review required under the Subdivision Regulations of the Town of Sennett, may conclude that a
subdivision would be better able to meet the planning objectives of the Town by compliance
with the standards applicable to a PDD and require the proposed subdivision to be submitted as a
PDD.
Such a requirement will usually result when the proposal includes productive agricultural
land, sensitive environmental areas, or is proximate to potentially conflicting uses. In such cases
the proposal submitted as a PDD shall include measures to preserve productive agriculture,
protect sensitive environmental features, or minimize land use conflicts as well as address all
requirements of Section 403.
ARTICLE V
USE REGULATIONS
Section 500 Applicability of Regulations. Except as provided by law or in this Law, in
each district no building, structure, or land shall be used or occupied except for the purposes
permitted in Section 504 and for the zoning districts so indicated.
Section 501 Uses by Right, Special Permit, & Uses Not Permitted.
A. A use listed in Section 504 is permitted by right in any district denoted by the
letter “P” after a zoning permit has been issued in accordance with Article XIV.
B. A use listed in Section 504 may be permitted by Special Use Permit in any district
denoted by the letters “SP” provided the ZBA authorizes the issuance of a zoning permit by the
Code Enforcement Officer, subject to the requirements of Section 1509 and the other
requirements of this Law.
C. A use not otherwise expressly permitted or specially permitted in any district is
not allowed and must apply for a use variance and such other approvals as are necessary.
Section 502 Uses Are Subject to Other Regulations. Uses permitted by right or by
special use permit shall be subject in addition to the use regulations, to such regulations of yard,
lot size, lot width, building area, provisions for off-street parking and loading, and to such other
provisions as are specified in other Articles hereof.
Section 503 Prohibited Uses. Any use not expressly stated and permitted in Section 504
is prohibited.
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Section 504 Table of Use Regulations
Town of Sennett - Uses R A/R C/LI I COD
Overlay
H-L
Overlay
P = Permitted SP = Special Use Permit (ZBA) Blank = Not Permitted
Administrative & Management Services P
Adult Day Care P P
Adult Use SP
Animal Day Care/Shelter/Kennel SP SP SP SP
Asphalt & Concrete Mixing Plants SP
Assembly/Fabrication/Packaging P P SP
Bed & Breakfast SP SP SP SP SP
Boarding House/Rooming House SP SP SP P
Bookstore P P P
Café/Internet Café/Coffee Bar - Outdoor
Seating Approved P P P
Car Wash P P P
Care Facility/Residence or Shelter SP P P P
Carnival/Circus/Festival/Show/Exhibition SP SP SP SP
Cemetery/Crypt SP SP
Child Care Center SP P SP SP
Child Care, In-Home P P P P P P
Clinic/Rehab/Therapy-Outpatient SP P P SP
Community Center/Recreation Center SP P P SP
Concrete – Precast SP P SP
Construction Services SP P P SP
Construction Services, Home-Based P P P P P P
Convenience Store w/Gas Pumps or w/out
Gas Pumps SP SP SP SP SP
Crematorium SP
Diner - Eat Inside P P P P
Dog Grooming Facility-Mixed Use SP P P P P P
Dwelling - Single Family P P P P
Dwelling - Two-Family P P P P
Dwelling - Multi Family SP SP SP SP P
Dwelling, Townhouse SP SP SP P
Dwelling, In-Law Apartment P P P P P P
Educational Facility SP SP SP SP SP SP
Emergency Services Facility SP SP SP SP SP
Farm/Dwelling For Farm Workers P P P P
Farm Stand for Sale of Produce P P P P
Financial Institutions/Banks P SP
Funeral Home/Mortuary SP SP
Golf Course/Regulation SP P SP SP SP P
Government Facility/Town, County, State,
Federal P P P P P P
Grain Elevator P P P P
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Town of Sennett - Uses R A/R C/LI I COD
Overlay
H-L
Overlay
P = Permitted SP = Special Use Permit (ZBA) Blank = Not Permitted
Greenhouse/Nursery - Commercial P P P P P
Hatchery - Fish SP
Home Occupation P P P P
Junkyard SP
Landscape/Garden Center P P P P
Laundromat/Dry Cleaning P P SP
Library/Museum SP SP SP SP
Light Industrial SP SP SP SP
Light Manufacturing SP SP SP SP
Lumber Yard SP P P SP
Manufacturing SP P SP
Meatpacking Plant/Slaughterhouse SP
Mixed Use Commercial & Residential SP SP SP SP
Mobile Home/Mobile Home Park Allowed only by Town Board approval of PDD
pursuant to Article IV
Monument Works P P P
Motel/Hotel P P SP P
Office - Professional/Studio P P P P P
Office Building P P P SP SP
Parking Garage P P SP
Parking Lot (Primary Use) P P SP SP
Personal Service - Barber Shop/Beauty
Salon/Nail Salon/Tanning P P P
Petroleum Bulk Storage SP
Printing & Publishing P P SP
Quarry Operation/Sand & Gravel Operation SP SP SP SP SP
Recreation & Entertainment Facility – Indoor
– Mixed Use SP P P SP SP
Recreation & Entertainment Facility -
Outdoor Including Campground SP SP SP SP
Recreation/Golf Course - Mini Golf P P P SP
Recycle Center - Scrap Metal/Shredding SP
Recycle Center - Cans & Bottles P P SP
Religious Use P P P P P P
Residential Accessory Use -
Garage/Shed/Private Greenhouse P P P P
Reservoir/Public Water SP SP SP SP SP SP
Restaurant - Drive-thru SP SP SP SP SP
Restaurant - Sit Down SP P P P P
Retail Store P P SP SP
Rod & Gun Club SP SP SP
Saw Mill P P P SP SP
Seasonal Sales P P P P
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Town of Sennett - Uses R A/R C/LI I COD
Overlay
H-L
Overlay
P = Permitted SP = Special Use Permit (ZBA) Blank = Not Permitted
Shopping Center SP SP SP SP
Sod Farm P P
Stable - Private P P SP P
Stable - Public P P P P
Tattoo Parlor/Piercing P P SP
Terminal - Motor or Rail SP SP SP SP
Theater - Indoor P P SP
Theater - Outdoor/Performing Arts SP SP SP SP
Towers & Communication Antennas SP SP SP SP SP SP
Vehicle Repair SP P P SP
Vehicle Sales - New P P SP
Vehicle Sales - Used Only P P SP
Vehicle Service Station w/Gas SP SP SP
Veterinary Clinic/Animal Hospital P SP SP SP
Warehousing - Commercial P P SP
Warehousing/Self-Storage/Mini-Storage SP P P SP SP
Wind Energy Conversion System, On-Site SP SP SP SP SP SP
Winery SP SP SP SP SP
Those uses requiring a special use permit from the ZBA shall also require the granting of site plan
approval from the Town Planning Board unless otherwise noted. All new non-residential uses and
modifications to existing non-residential uses shall be subject to site plan review by the Town Planning
Board unless otherwise specifically exempted.
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SPECIAL CONDITIONS REFERENCED IN SECTION 504,
TABLE OF USE REGULATIONS
Special conditions have been established to insure that certain activities which may be
incongruous or sufficiently different from those generally permitted in a given district are carried
out in a manner that minimizes or prevents negative impacts on the overall area or the
environment. No zoning permit shall be issued until the enforcement officer is satisfied that the
applicable special condition(s) has (have) been met or a variance to same duly granted.
ADDITIONAL CRITERIA FOR CERTAIN SPECIFIED USES
Section 504.1 Farm Stand for Sale of Produce. Farm stands for sale of produce are
permitted in the A/R, C/LI, COD, and H-L districts.1
Section 504.2 Veterinary Clinic/Animal Hospital. When located in the A/R
district, any veterinary clinic/animal hospital shall be permitted only upon a parcel of at least
three (3) acres and no activity or structure shall occur or be placed within one hundred (100’)
feet of the lot line used for residential purposes.
Section 504.3 Factory Manufactured Housing Requirements. Factory
manufactured homes are permitted subject to the regulations applicable to dwellings in general.
Section 504.4 Multiple Family Dwelling.
A. For any multiple family dwelling, the lot size shall be at least five thousand five
hundred (5,500 sq. ft.) square feet per dwelling unit. In no event shall any multiple family
dwelling exceed eight (8) dwelling units.
B. The minimum front yard setback for multiple family dwellings shall be sixty-five
(65’) feet.
C. The minimum side yard setback for multiple family dwellings shall be seventy-
five (75’) feet.
D. The minimum rear yard setback for multiple family dwellings shall be seventy-
five (75’) feet.
E. If a multiple family dwelling is proposed as part of a PDD, the dwelling shall be
subject to the regulations of Article IV which shall take precedent over this section.
Section 504.5 Institutions Including Places of Worship, Religious Institutions,
Public and Private Schools, Libraries, and Museums Permitted
Subject to the Following:
A. Minimum lot size shall be three (3) acres.
B. Maximum height shall be fifty (50’) feet.
C. All buildings shall be not less than one hundred (100’) feet from any lot line or
street line.
Section 504.6 Community Center, Recreation Center. Community centers and
1 Subject to the applicable provisions of Article 25-AAA of the New York Agriculture and Markets Law.
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recreation centers are permitted in the CL/I and I districts, and specially permitted in the COD
and A/R districts, subject to the dimensional criteria set forth in this Law; except when such a
facility is part of a residential PDD in which case the regulations of Article IV (PDD) shall
govern.
Section 504.7 Home Occupation as an Accessory Use to a Dwelling.
A. Home occupations are permitted as of right in the R, A/R, COD and H-L districts
subject to the following criteria.
B. The home occupation shall be carried on wholly indoors and within the principal
building, however, an in-home family day care facility may utilize the accessory yard to the
home as part of a home occupation.
C. There shall be no use of show windows or display or advertising visible outside
the premises to attract customers or clients other than a home occupation announcement sign as
permitted.
D. There shall be no exterior storage of any materials associated with the home
occupation.
E. Members of the immediate family residing in the dwelling unit may carry on the
home occupation plus non-related employees, so long as the total number of hours of such non-
related employees does not exceed forty (40) hours in the aggregate.
F. The floor area devoted to a home occupation shall not be more than twenty-five
percent (25%) of the ground floor area of the principal residential structure or five hundred (500)
square feet, whichever is less.
G. By way of example, a home occupation may consist of: art studio; professional
office of a physician, dentist, lawyer, engineer, architect, writer, or accountant; beauty parlor or
barber shop; the repair of appliances or other small items; the teaching of not more than four (4)
pupils simultaneously, and in-home child care.
H. Among the uses that shall not be interpreted to be home occupations are, as a
matter of example only, the following: animal hospitals, commercial stables and kennels, and
restaurants.
Section 504.8 Attached and Unattached Accessory Buildings and Accessory
Uses.
A. Accessory buildings not attached to a principal building are permitted in
accordance with the following:
1. Such building shall not be located in a front yard in the R district;
2. Such building shall be located no closer to the side or rear lot line than
five (5’) feet;
3. No such unattached accessory building shall be located less than ten (10’)
feet from the principal building;
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4. No accessory building shall exceed seven hundred fifty (750 sq. ft.) square
feet in floor area nor have a height greater than that of the principal building when the accessory
building is to be located in the R district. No accessory building shall be a building, structure, or
other assemblage of materials designed for, or customarily used as a principal building allowed
under this Law. No accessory building on a residential lot shall be a container primarily
intended for commercial storage or transportation of goods, animals, or people unless otherwise
authorized by this Law.
B. Accessory buildings attached to a principal building shall comply with all
provisions of this Law applicable to the principal building.
C. An accessory use shall comply with all provisions of this Law regarding parking
and signage, and shall be conducted in a manner that is consistent with and secondary to the
principal use and the general character of the district in which it is located. This requirement
shall specifically apply to the generation, production, or emission of dust, smoke, refuse, odor,
gases, fumes, noise, vibration, and light; but may apply to other similar generations, productions,
or emissions.
D. In determining consistency of impacts, standard measurements shall be taken of
the ambient level of emission, production, or generation within two thousand (2000’) feet of the
source in question and compared with the standard measurement at the source, the source will be
deemed inconsistent with general character if it exceeds the ambient level. Standard
measurements of any particular emission, generation, or production shall be determined by the
Town Engineer based upon recognized engineering practices.
Section 504.9 Swimming Pools and Ponds.
A. Every outdoor, in ground swimming pool shall be completely enclosed by a fence
or wall not less than four (4’) feet in height, except for a self latching gate which shall be locked
when the pool is not in use.
B. Within the R district, ponds used for swimming and/or decorative purposes shall
also be completely enclosed in the manner set forth above for in ground pools.
C. Swimming pools and ponds shall be considered accessory buildings and should
have a setback from all neighboring lot lines of a minimum of ten (10’) feet.
Section 504.10 Fences and Walls. Fences and walls are permitted and are allowed to
be placed on the lot line, but in no case shall they exceed four (4’) feet in height in front yards,
and shall not exceed six (6’) feet in height in side and rear yards.
Section 504.11 Bed and Breakfast and Boarding House. A Bed and Breakfast or
boarding house, when permitted, shall be subject to the following additional requirements:
A. The owner shall live on the premises of the Bed and Breakfast and Boarding
House.
B. No alteration to the exterior of any principal or accessory building shall be made
which changes the character or appearance of the residential premises.
C. One attached or detached sign of not more than four (4) square feet in area shall
be permitted, subject to the regulations of this Law.
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Section 504.12 Vehicle Service Station. Gasoline service stations (vehicle service
stations) are permitted in accordance with all applicable regulations of this Law and the
following:
A. All activities except those required to be performed at the fuel pumps shall occur
within a completely enclosed building.
B. Fuel pumps may be located in a front yard, but, no nearer the street line than sixty
(60) feet.
Section 504.13 Mobile Home Park. A mobile home park is permitted only as a
residential PDD and subject to the PDD regulations set forth in Article IV of this Law.
Section 504.14 Junkyard. Subject to State Law, junkyards are permitted only in the I
district, and only upon issuance of a special permit and further subject to all regulations
governing industrial uses and upon a parcel fully enclosed by a sturdy fence completely blocking
the junkyard operation from view from any neighboring parcel, street, roadway or highway.
A junkyard includes any of the following:
A. Junkyard General.
1. Any land or structure, or combination of land and structure, used for the
storage, baling, packing, sorting, handling, disassembling, purchase or sale of any material or
materials which are used, salvaged, scrapped or reclaimed, but are capable of being reused in
some form; including, but not limited to, metals; waste paper; rags; fibers; rubber; bottles;
machinery which is not self-propelled; tools; appliances; tires; motor vehicle parts which, taken
together, equal in bulk fewer than two (2) such vehicles.
2. Any land upon which are located two (2) or more household appliances,
such as refrigerators, stoves, etc., which are not stored within a fully enclosed building, shall be
deemed to constitute a junkyard.
3. Items which derive their value through recognition as antiques shall not be
considered, used, salvaged or scrapped, provided such items are kept within a fully enclosed
building.
B. Automotive Junkyard.
1. A junkyard whose principal purpose is to recycle or process junked motor
vehicles and/or self-propelled farm machinery. This shall include any place of storage or
deposit, for any purpose, of used parts or waste materials from motor vehicles, marine craft,
recreation and off-road vehicles and/or self-propelled farm machinery which, taken together,
equal in bulk two (2) or more such vehicles or machines.
2. Any land upon which are located two (2) or more inoperative vehicles, or
vehicles which have been unregistered for a period of twelve (12) months, and which are not
stored within a fully enclosed building, shall be deemed to constitute an automotive junkyard.
3. Antique or classic automobiles shall not be considered inoperative motor
vehicles, provided that such automobiles are kept within a fully enclosed building.
C. Buffers for All Junkyards. No portion of any junkyard operation may be
operated within one hundred (100’) feet of any other parcels.
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Section 504.15 Emergency Occupancy. Emergency occupancy structures are
permitted in all districts subject to the following:
In the event that a dwelling is rendered uninhabitable by fire, flood, or similar natural or
manmade disaster the Town’s Code Enforcement Officer may authorize the placement upon the
lot where said dwelling is located an emergency occupancy structure. An emergency occupancy
structure shall be a safe and healthful living unit that meets all applicable building, fire, health or
other codes except the terms of this Law relating to residential structures. The Code
Enforcement Officer may waive such terms of this Law so as to allow the placement and use of
such a structure, upon the same lot as the damaged dwelling, as an occupancy during the period
that the damaged dwelling is being repaired or replaced. Such emergency occupancy structure
shall be removed upon the completion of the repair or replacement work on the principal
dwelling. No certificate of occupancy shall be issued until the emergency occupancy structure is
removed from the lot. The Town Code Officer shall review for any extension after a one (1)
year period from original date of placement.
Section 504.16 Farm Worker Dwelling. Farm worker dwellings are permitted in the
A/R and C/LI districts and permitted in the COD and & H-L districts subject to the following:
Subject to the applicable provisions of NYS Agriculture and Markets Law, a dwelling
that meets all the terms of this Law and other State, County, and local codes may be placed upon
a working farm for the purpose of providing housing for persons working upon said farm
provided that an area of land sufficiently large and so situated that, if broken off of the farm, it
would constitute a legal lot if dedicated to the dwelling to be used by said farm worker. All
normally required permits shall be obtained for the dwelling and, as part of the application for a
building permit, the land dedicated to it shall be illustrated.
Section 504.17 Campground, Outdoor Recreation Facility. Campgrounds and
outdoor recreation and entertainment facilities are permitted in the A/R, C/LI, COD and H-L
districts upon a site of at least ten (10) acres and subject to site plan review regulations
enumerated in Article VI, and upon issuance of a special use permit, if required.
Section 504.18 Construction Services, Home-Based. In districts allowing Home-
Based Construction Services, the use shall demonstrate compatibility with the surrounding
neighborhood. No signage for such service shall be allowed and no outdoor storage of
equipment shall occur on premises. However, one trade vehicle may be maintained on the
premises but no outdoor idling of such vehicle shall occur.
Section 504.19 Heavy Industry, Mining and Excavations.
A. Purpose.
It is hereby declared to be the policy of the Town of Sennett to site, regulate and control
the use of land utilized for mining purposes, to the extent allowed under Title 27 of the New
York State Environmental Conservation Law and to promote the following legitimate public and
Town purposes:
1. Protect the health, safety and general welfare of the residents of the Town
of Sennett.
2. Establish predictability in the siting and regulation of mining activities.
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3. Avoid potential damage to adjacent properties from a mining facility by
imposing mining standard and setback requirements.
4. Ensure harmony and compatibility with surrounding land use
patterns.
B. Applicability and Thresholds.
This Section 504.19 shall apply to mining and excavation in excess of one hundred cubic
yards (100 yd to the 3rd) in a consecutive twelve (12) month period from any parcel located
within the Town of Sennett. Pursuant to the requirements of New York State Law (New York
State Mined Land Reclamation Law), as subject to its amendment, a permit is required by the
New York State Department of Environmental Conservation for mining activitites for operations
with extraction volumes equal to or greater than one thousand (1,000) tons or seven hundred fifty
cubic yards (750 yd to the 3rd) of materials within twelve (12) consecutive calendar months.
The regulations contained in this Section shall be interpreted to supplement New York State
Department of Environmental Conservation mining regulations where permissible and to
regulate mining and excavation uses not otherwise regulated by the New York State Department
of Environmental Conservation. This Section shall not be interpreted to permit or allow Heavy
Industry as that term is defined herein.
C. Application and Review. Subject to the applicability and thresholds set forth in
Subparagraph B above, all applications for the use of land in the Town of Sennett for the purpose
of quarry operations, sand and gravel operations, mining, or excavation operations will comply
with the standards set forth in Article VI (Site Plan Review Standards) of the Zoning Law of the
Town of Sennett.
D. Definitions. As used in this Section, the following terms shall have the meanings
thereafter designated:
1. Excavation. The permanent removal of sand, gravel, stone, ore, earth
(including topsoil), or other minerals from the ground. “Excavation” shall also include the
movement of earth to change grades or contours where an area of more than one-half (1/2) acre
of ground surface is disturbed and where the depth of the cut or embankment exceeds two (2’)
feet at any point.
2. Heavy Industry. Any use or activity which generates significant volumes
of smoke, odors, noise, or other polluting wastes and is not compatible with other uses in the
district. Examples of “heavy industry” which are intended to be included in this definition are:
chemical manufacturing; natural gas exploration, extraction, or processing (as further defined
herein); natural gas compressor stations; exploration for crude oil; extraction of crude oil; oil
refineries; coal mining; coal processing; biofuel facilities; and steel manufacturing. For the
purposes of this provision of this Law, and solely for the ease of drafting and reading, all those
uses and activities shall be referred to collectively as “gas, oil and coal extraction.”
It is expressly stated that the foregoing examples are not intended to be exhaustive
and shall not be construed to limit the meaning, scope or application of this definition or to limit
the application of this definition solely to the activities identified in the examples.
Generic examples of uses not intended to be included in the definition of “heavy
industry” are: milk processing plants; dairy farms; office and communications uses; garment
factories; woodworking and cabinet shops; automobile repair shops; wineries and breweries;
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warehouses; equipment repair and maintenance facilities; helipads; parking lots and parking
garages; light manufacturing or light industrial facilities (as defined elsewhere in this law);
agriculture; quarry operations; sand and gravel operations and petroleum bulk storage. It is
expressly stated that the foregoing examples are not intended to be exhaustive shall not be
construed to limit the meaning, scope or application of this definition or to limit the application
of this definition solely to those activities identified in the examples.
3. Mining. The use of any land or other premises for the extraction of ores
or stone from the earth, whether by subterranean or surface digging or other process.
4. Natural Gas Exploration, Extraction, or Processing. The exploration for
natural gas, the extraction of natural gas from the ground regardless of the extraction method
used, and/or the processing of natural gas. This definition shall specifically include, but not be
limited to, the extraction method commonly known as hydraulic fracturing or hydrofracking.
This definition shall also be construed to encompass and include any activity or use of land
which facilitates or supports natural gas exploration, extraction, or processing. Examples of
activities or uses of land expressly intended to be included in this definition are set forth below:
a. Drilling and/or installation of a new gas well, regardless of well
type;
b. Development of a well operations site and associated structures
and infrastructure;
c. Mixing, storage, treatment, and/or disposal of chemicals,
wastewater, propellant or other materials used for, or in connection in any way
with, the exploration for or extraction of natural gas;
d. Parking, standing and/or storage of any type of vehicle, equipment,
and/or materials used for, or in connection in any way with, the exploration for or
extraction of natural gas;
e. Installation and/or use of pipes, conduits or other material transport
or gathering equipment or systems used for, or in connection in any way with, the
exploration for or extraction of natural gas;
It is expressly stated that the foregoing examples are not intended to be exhaustive
and shall not be construed to limit the meaning, scope or application of this definition or
to limit the application of this definition solely to those activities identified in the
examples.
5. Quarry Operation. The use of any land or other premises for the
extraction of, cutting of, crushing, screening, washing or processing of stone or stone-like
material.
6. Sand or Gravel Operation. The use of any land or other premises for the
excavation or removal of sand or gravel therefrom or for the crushing, screening, or washing or
processing of sand or gravel in any manner thereon.
E. Conditions of Operation. In addition to the application for the use of land in the
Town of Sennett for the purpose of mining, excavation, quarry operations and sand and gravel
operations complying with Article VI of this Zoning Law of the Town of Sennett, the following
conditions will be met:
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1. Evidence must be submitted that the land proposed to be used in the
manner of any of the extraction methods defined above contains sufficient material being
extracted to justify the application to use this land for an extractive industry.
2. Evidence must be submitted that the site is served by an adequate highway
transportation network suitable to the carrying of unique traffic to be generated by the proposed
operation.
3. At no time shall any quarry operations and sand and gravel operations
permitted herein be conducted any nearer to any lot line or any street line than one hundred
(100’) feet or within five hundred (500’) feet of any occupied structure.
4. Access roads at all points, including but not limited to the main entrance
and exit, shall be at least two hundred (200’) feet from any existing residence or public building.
5. A barrier consisting of wire fencing known as “chain link” at the height of
eight (8) feet shall be erected and maintained with no opening except necessary gates for ingress
and egress around the extractive operation to prevent public access to the area of any operation
permitted in this Section of the Zoning Law of the Town of Sennett. All gates shall be closed
and locked at all times except during working hours of such operations or when employees shall
be within.
6. Hours of operation will be 7:00 A.M. to 4:00 P.M, Monday through
Friday. There will be no operating on Saturdays or Sundays or on any Public Holiday (as that
term is defined by New York State General Construction Law § 24).
7. A dust-preventive layer shall be spread on traveled roadways at all
operations where required to protect the public and the countryside against windblown sand and
dust.
8. All materials used as fill shall be free from garbage, refuse, or other
unwholesome matter unless specifically approved by the Town Planning Board.
F. Inactivity and Grandfathering. Any area that has been used for an extractive
purpose in the Town of Sennett but has not sold its product commercially for a period of one (1)
year prior to the date of passage of this law will be considered inactive and will be required to
apply for the right to operate under the terms of this Zoning Law of the Town of Sennett. Any
extractive industry operating legally on the date of the passage of this Zoning Law of the Town
of Sennett will be “grandfathered” in under the rules of the previous Sennett Zoning Ordinance.
G. Heavy Industry Prohibited. Heavy Industry uses shall be prohibited in the Town
of Sennett beginning on the effective date of this Zoning Law of the Town of Sennett. Any
leases of property for the purpose of allowing gas, oil or coal extraction, or any gas, oil or coal
extraction operations which are being presently conducted on land in the Town as of the
effective date of this Zoning Law of the Town of Sennett, shall be subject to the following:
1. Existing Leases. Where a lease which allows gas, oil or coal extraction
has been executed and where no substantive gas, oil or coal extraction activity has substantively
commenced as of the effective date of this Zoning Law of the Town of Sennett, then this Zoning
Law of the Town of Sennett shall apply in full effect and shall operate to prohibit all such
activities. The existence of a lease under the circumstances described in this paragraph shall
convey no vested right upon either party to the lease.
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2. Existing Gas, Oil and Coal Extraction Operations.
a. Where a lease which allows gas, oil, or coal extraction has been
executed, and where substantive gas, oil or coal mining extraction activity is
occurring as of the effective date of this Zoning Law of the Town of Sennett, and
those activities are being conducted pursuant to valid permits issued by the New
York State Department of Environmental Conservation or other regulating
agencies, the activity shall be considered a non-conforming use and shall be
allowed to continue.
b. Upon the depletion of any gas or oil well or coal mine which is
allowed to remain in operation pursuant to this provision, or upon any other
termination of the gas, oil or coal extraction activity for a period of more than one
(1) year, the non-conforming use status of that activity shall terminate and the
activity may not be renewed.
c. Further, no gas, oil or coal extraction activity allowed to remain in
operation pursuant to this provision shall be permitted to expand after the
effective date of this Zoning Law of the Town of Sennett.
Section 504.20 Adult Uses.
A. Purpose/Findings.
1. The Town Board recognizes that buildings and establishments operated as
adult uses have serious objectionable characteristics which require special supervision from
public safety agencies in order to promote the health, safety and general welfare of the residents
of the Town of Sennett.
2. The Town Board finds the objectionable characteristics of adult uses and
the adverse affects of such uses increase when such uses are spread throughout the community.
3. The Town Board finds that, based upon common knowledge and
experience and studies conducted by other municipalities (including but not limited to Syracuse,
New York; Kansas City, Missouri; Bergen, New York; Scotia, New York; Dryden, New York;
and Ellicottville, New York), the adult uses sought to be regulated herein have been associated
with criminal and other socially undesirable behavior, such as disorderly conduct, prostitution,
pornography, drug trafficking and substance abuse, which have the resulting effects of
depressing property values in the surrounding neighborhood and increasing the burden upon law
enforcement personnel and municipal expenditures.
4. The location of adult uses in regard to areas where youth may regularly
assemble and the general atmosphere encompassing their operation is of great concern to the
Town.
5. It is not the intent of this Section to suppress any free speech activities
protected by the First Amendment, but to enact a content-neutral ordinance which addresses the
secondary effects of adult entertainment and sexually orientated businesses and which is
necessary to protect the health, safety, and welfare of the citizens of the Town of Sennett, and
surrounding cities and towns.
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6. Special regulation of adult uses is necessary to ensure that deleterious
secondary effects will not contribute to the blighting or downgrading of surrounding
neighborhoods or land uses.
7. The Town Board desires to minimize and control these adverse effects and
thereby protect the health, safety, and welfare of the citizens of the Town; protect such citizens
from increased crime; preserve the quality of life of citizens and businesses in the Town;
preserve the property values and character of surrounding neighborhoods; and deter the spread of
urban blight.
B. Permitted District.
1. Adult uses are permitted only in I districts, and only upon issuance of a
special permit (and site plan approval). All adult uses shall comply with the applicable
provisions of this Law, including those relating to structures and uses permitted in an I district.
2. In addition, no person shall construct, establish, operate or maintain, or be
issued a certificate of occupancy for any adult use within the Town unless such use meets the
following standards:
a. No more than one (1) adult use shall be allowed or permitted in
any one (1) lot. No mixed uses involving an adult use shall be allowed.
b. No adult uses shall be allowed or permitted on a lot that is closer
than one-thousand (1,000’) feet to:
(1) A lot which has another adult use.
(2) Any property that is used, in whole or part, for residential
purposes.
(3) Any church or other regular place of worship, community
center, funeral home, library, school, nursery school, day-care
center, hospital, public park, playground, recreational area or field.
(4) Any structure used by the public for public gatherings.
(5) Any motels or hotels.
c. Where there is a conflict between the regulations as provided in
this Section and any other law, rule or regulation of the Town including this Law,
the most restrictive law, rule or regulation shall apply.
d. All distances set forth herein shall be measured from lot line to lot
line. Any relief from the distance buffer referenced under this section shall
require the issuance of a use variance.
e. No adult use shall be conducted in any manner that permits the
observation of any material depicting or relating to specified anatomical areas or
specified sexual activities from any public or private way, parking area or
adjacent properties. This provision shall apply to any display, signage, show
window or opening
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Section 504.21 Dwelling, In-Law Apartment. In-law apartment dwellings are
permitted in all districts subject to the following:
A. In-law apartment dwellings shall be subordinate in area to the principal unit. The
in-law apartment dwelling shall contain a maximum of fifteen hundred (1500) square feet, but in
no event shall an in-law apartment dwelling exceed fifty percent (50%) of the existing principal
unit.
B. A maximum of one in-law apartment dwelling shall be allowed on any one lot and
shall be attached to the principal dwelling.
C. No in-law apartment dwellings shall contain more than two (2) bedrooms.
D. All in-law apartment dwellings shall be designed such that the appearance of the
building remains that of a single family dwelling.
E. In-law apartment dwellings shall utilize common water, septic and electric
facilities with the primary residence.
F. All in-law apartment dwellings shall comply in all other respects with the
provisions of local, state and federal laws, ordinances, rules and regulations, specifically
including the New York State Uniform Fire Prevention and Building Code.
Section 504.22 Animal Day Care, Kennels or Shelters. An Animal Day Care,
Kennel or Shelter is permitted, upon issuance of a special permit, in the A/R, C/LI, COD and H-
L districts subject to the following requirements:
A. An animal day care, kennel, or shelter (except for outside runs) shall be
completely enclosed and shall be no closer than one hundred (100’) feet to any lot line or
residential district boundary as measured from the nearest lot lines.
B. Fenced areas used in association with such use may not be permitted within fifty
(50’) feet of any side or rear lot line and shall be prohibited in a front yard.
C. An acceptable waste storage and removal program must be submitted and
approved.
D. Such other materials the reviewing board deems necessary upon which to
determine the impact of such specially permitted use must be submitted.
E. Notwithstanding the above, personal ownership of dogs on private premises for
private enjoyment and non-commercial purposes shall be allowed when said dogs do not exceed
four (4) dogs per 1 acre subject to licensing and vaccination requirements.
Section 504.23 Stables.
A. Stables shall be subject to the following additional general requirements:
1. No odor- or dust-producing use, including the storage of manure, shall
take place within one hundred fifty (150’) feet of the nearest lot line.
2. No horses shall be kept in a structure that is closer to the nearest lot line
than fifty (50’) feet.
3. Fencing of four (4’) feet in height shall enclose a paddock and be no closer
than eight (8’) feet to a lot line.
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4. The criteria set forth in this section shall apply equally to horses and
donkeys.
B. Additional conditions for private stables.
1. No retail or commercial activity shall take place, including a riding
academy.
2. All horses boarded on the lot must be owned by the family living on the
lot.
3. Private stables shall be considered a residential accessory use.
4. The lot must contain a minimum of three (3) acres of usable pasture land
for up to two (2) horses plus one and one-half (1.5) acres of usable pasture land for each
additional horse up to a maximum of six (6) horses.
C. Additional conditions for public stables.
The lot must contain a minimum of three (3) acres of usable pasture land for up to
two (2) horses plus one and one-half (1.5) acres of usable pasture land for each additional horse.
ARTICLE VI
SITE PLAN REVIEW STANDARDS
Section 600 Site Plan Review. In addition to uses where the Zoning Law of the Town
of Sennett specifically requires site plan review, the Planning Board shall review and must
approve (prior to use) all site plans for nonresidential uses, public and semipublic buildings and
multifamily dwelling units, whether or not such development includes a subdivision or re-
subdivision of a site. Site plan review shall be required for all nonresidential uses where there is
a change of use, change to the exterior of the building, (other than ordinary maintenance and
repair) addition of impermeable surface, changes to parking or traffic flow on the site, changes in
lighting or changes to signage. The construction of a residential single or two-family dwelling
and farm buildings shall not be covered by this section.
A. Sketch Plan. A sketch plan conference may be held between the Planning Board
and the applicant prior to the preparation and submission of a formal site plan. The intent of
such a conference is to enable the applicant to inform the Planning Board of his proposal prior to
the preparation of a detailed site plan; and for the Planning Board to review the basic site design
concept, advise the applicant as to potential concerns and to generally determine the information
to be required on the site plan. In order to accomplish these objectives, the applicant should
provide the following:
1. A narrative statement of the proposed use and a rough sketch showing the
locations and dimensions of principal and accessory buildings, parking areas, access signs (with
descriptions), existing and proposed vegetation, and other planned features; anticipated changes
in the existing topography and natural features; and, where applicable, measures and features to
comply with flood hazard and flood insurance regulations;
2. A sketch or map of the area which clearly shows the location of the site
with respect to nearby street rights-of-way, properties, easements and other pertinent features;
and
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3. A topographic or contour map of adequate scale and detail to show site
topography.
B. Application for Site Plan Approval. An application for site plan approval shall
be made in writing to the Code Enforcement Officer and shall be accompanied by information
contained on the following checklist. Where the sketch plan conference was held, the
accompanying information shall be drawn from the following checklist as determined necessary
by the Planning Board at said sketch plan conference.
Site plan checklist:
1. Title of drawing, including name, phone number, email address and
physical address of applicant and person responsible for preparation of such drawing;
2. location of subject property with tax map parcel number;
3. north arrow, scale and date;
4. boundaries of the property plotted to scale;
5. existing watercourses;
6. grading and drainage plan, showing existing and proposed contours;
7. location, design, type of construction, proposed uses and exterior
dimensions of all buildings;
8. location, design and type of construction of all parking and truck loading
areas, showing access and egress;
9. provision for pedestrian access;
10. location of outdoor storage, if any;
11. location, design and construction materials of all existing or proposed site
improvements including drains, culverts, retaining walls and fences;
12. description of the method of sewage disposal and location, design and
construction materials of such facilities;
13. description of the method of securing public water and location, design
and construction materials of such facilities;
14. location of fire and other emergency zones, including the location of fire
hydrants;
15. location, design and construction materials of all energy distribution
facilities, including electrical, gas and solar energy;
16. location, sizes and designs and types of construction of all proposed signs;
17. location and proposed development of all buffer areas, including existing
vegetative cover;
18. location and design of outdoor lighting facilities;
19. identification of the location and amount of building area proposed for
retail sales or similar commercial activity;
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20. general landscaping plan and planting schedule;
21. an estimated project construction schedule;
22. record of application for and approval status of all necessary permits from
state and county officials;
23. identification of any state or county permits required for the project's
execution;
24. other elements integral to the proposed development as considered
necessary by the Planning Board; and
25. Long or Short Environmental Assessment Form, as applicable.
The Town of Sennett Planning Board shall have the right to waive any submission
requirements of this section where it deems appropriate.
C. Review of Site Plan. The Planning Board may approve an application for site
plan review only upon findings that the proposed site plan would be in harmony with the
purposes of this Article and further that the application as approved adequately meets the
objectives set forth in this Law. The Planning Board's review of the site plan shall include, as
appropriate, but is not limited to the following general considerations:
1. General Design Objectives.
a. The location, arrangement, size, design and general site
compatibility of buildings, lighting and signs.
b. The adequacy and arrangement of vehicular traffic access and
circulation, including intersections, road widths, pavement surfaces, dividers and
traffic controls.
c. The location, arrangement, appearance and sufficiency of off-street
parking and loading.
d. The adequacy and arrangement of pedestrian traffic access and
circulation, walkway structures, control of intersections with vehicular traffic and
overall pedestrian convenience.
e. The adequacy of stormwater and drainage facilities and
compliance with any applicable federal, state or Town stormwater requirements.
f. The adequacy of water supply and sewage disposal facilities.
g. The adequacy, type and arrangement of trees, shrubs and other
landscaping constituting a visual and/or noise buffer between the applicant's and
adjoining lands, including the maximum retention of existing vegetation.
h. The adequacy of fire lanes and other emergency zones and the
provision of fire hydrants.
i. Compliance with architectural requirements, if any, in the
applicable district.
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j. Special attention to the adequacy and impact of structures,
roadways and landscaping in areas with susceptibility to ponding, flooding and/or
erosion.
k. That there be a reasonable provision for open space, yards and
recreation areas appropriate to the structure and use.
l. Overall impact on the neighborhood, including compatibility of
design considerations, environmental and aesthetic impacts.
m. Overall impact on natural, scenic, cultural, and historic resources
of the Town or surrounding areas.
If the Planning Board determines that the applicant has not adequately addressed
these or other pertinent issues, the Planning Board may deny the site plan approval.
2. Site Design Objectives.
a. Sites should be developed in a coordinated manner to complement
adjacent structures through placement, architecture, colors and size/mass.
b. New developments should not erase landforms that are indigenous
to the area. Instead, solutions should reflect and reinforce the area's own
topographic features. Consequently, developments should strive to minimize cuts
and fills when grading is necessary; slopes should be graded to mimic existing
slopes and blend smoothly into the surrounding landform.
c. Whenever possible, buildings on the same site should be clustered
and incorporate plazas, courtyards, pocket parks and other pedestrian use areas.
d. Structures that are visible from public roads shall be compatible
with each other and with traditional structures in the surrounding area in
architecture, design, massing, materials and placement and shall harmonize with
traditional elements in the architectural fabric of the area.
e. Architectural design shall be in keeping with the rural, agricultural
and natural character of the area. In general, the design shall avoid flat roofs
(except when the existing predominant architecture is characterized by such
architectural features), large expanses of undifferentiated facades and long, plain
wall sections.
f. Where appropriate, setbacks shall maintain and continue the
existing setback pattern of surrounding properties.
g. Sites should be designed to avoid the appearance of domination by
automobiles. Positive methods to achieve this concept include:
(1) Orienting buildings to fronting streets and placing parking
at the rear and/or sides.
(2) Designing the required parking area into smaller, discrete,
connected lots rather than large, single-use lots.
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(3) Providing well-defined pedestrian walkways through
parking areas and from public sidewalks into the site. Well-
defined walkways use pavers, changes in color, texture and
composition of paving materials and vertical plantings such as
trees and shrubs. The minimum width of walkways shall be five
(5’) feet and shall accommodate wheelchair access.
(4) Parking areas shall be designed to be fully screened to the
greatest extent possible from adjacent streets and building
occupants. Screening can be accomplished through a number of
methods, including:
(a) Orienting buildings away from parking areas.
(b) Placing buildings between streets and parking lots.
(c) Using extensive landscape screening, berms and
architecturally treated walls.
(5) All measures should be designed to accomplish the
intended screening while allowing adequate safety and surveillance
of the parking areas.
h. Where appropriate, site plans shall be designed to provide vehicle
and pedestrian connections with adjacent sites.
i. All new utilities should be installed underground.
3. Building Design Objectives.
a. No single architectural style is required except when otherwise
required by Town of Sennett regulations.
b. Buildings should reflect an individual design that has considered
site location, conditions and surrounding development. Building design should
provide a sense of permanence and timelessness. High-quality construction and
materials should be used to ensure that buildings will not look dated or worn
down over time. Building designs should reflect an individual style and form and
not merely current trends.
c. A consistent visual identity shall be applied to all sides of
buildings visible to the general public. In these areas, all building sides shall have
an equivalent level of quality of materials, detailing, and window placement.
Abrupt ending of architectural details shall be avoided, with no radical change in
details or features or materials.
d. Long, blank walls are to be avoided. Positive methods to achieve
this objective include changes in colors and materials, placement of windows, use
of awnings and canopies, and architectural details and features such as corners,
setbacks and offsets. Windows at ground level may be tinted; however, reflective
and mirrored windows are prohibited.
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e. Buildings facing streets shall incorporate pedestrian-scaled
entrances. Pedestrian-scaled entrances are those that provide an expression of
human activity or use in relation to building size. Doors, windows, entrances, and
other features should be designed to respond to the size of the human body and
not give the appearance of anonymity or overwhelming the building's users.
f. Modulation (defined as a measured setback or offset in a building
face) shall be incorporated to reduce overall bulk and mass of buildings. The
planes of exterior walls should not run in one continuous direction more than
sixty (60’) feet without an offset or setback.
g. Large buildings should have height variations to give the
appearance of distinct elements.
h. Building colors should accent, blend with, or complement
surroundings. Bright or brilliant colors should be reserved for trim and accents.
i. Landscape areas or planting beds having a minimum width of five
(5’) feet should be provided around perimeters to separate buildings from
surrounding pavement areas.
j. Outdoor storage areas, mechanical equipment, utility vaults, and
trash receptacles must not be visible from adjacent streets and pedestrian
walkways.
k. Outdoor mechanical equipment shall be appropriately screened
from view and sound to adjoining properties. The method of screening shall be
architecturally integrated with the building with respect to materials, color, shape,
and size.
l. Site services should be located on the least-visible side of a
building or site or within interior building spaces.
m. Ground-level outdoor enclosures shall be composed of materials
similar to the main structure.
n. Materials used for site features such as fences, screen walls, and
signs should be appropriate to the zoning district where the development is
located and should complement building design through materials, color, shape,
and size.
o. Developments should provide transition with adjacent uses,
especially regarding building location, size and scale. No single building or
development should dominate adjacent uses in terms of size, bulk, view blockage,
or shading.
4. Sign Objectives for Commercial Developments.
a. Building Signs.
(1) Individual letters rather than cabinet signs are preferred.
(2) Backlit individual letters are a preferred alternative.
(3) Sign colors should be coordinated with building colors.
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(4) Signs should be compatible in scale and proportion with
building design and other signs.
(5) A specific sign program or concept should be designed for
multiple tenant buildings or complexes. Color and letter style shall
be coordinated when businesses share the same building and
consistent sign patterns (placement on buildings) shall be utilized.
(6) Sign size shall be consistent with the regulations contained
in this Law.
(7) Monument structure is preferred over pole-mounted signs.
(8) Wood and/or stone construction is preferred.
b. Freestanding Signs.
(1) Freestanding signs should provide only the name and
address of the building and/or building tenants.
(2) Project landscaping should be designed to incorporate
freestanding signs.
5. Landscaping Objectives for Commercial Developments.
a. Existing vegetation should be incorporated into overall site design
and preserved to the maximum extent possible.
b. Provide unity of design through repetition of plants and
coordination with adjacent developments.
c. Landscape materials should be hardy species that are adaptable to
local conditions, easily maintained, and drought-tolerant. Use of native plants is
strongly encouraged.
d. Open stormwater facilities should be incorporated into project
landscaping and open space where geographically feasible. Encouragement will
be given to use of parking islands for stormwater detention as a site feature.
e. Open stormwater facilities shall be landscaped and screened.
6. Lighting Objectives.
a. Moving and flashing lights are prohibited.
b. Use of cutoff lenses or hoods, shielded wall packs to prevent glare
and light spill off of the project site and onto adjacent properties, buildings, and
roadways are required.
c. Design features which are consistent with protection of “dark
skies” and which avoid light pollution and spillage should be demonstrated.
d. Lighting standards should be designed and sized to be compatible
with the character of the development and consistent with the “dark skies”
policies outlined below.
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(1) All lighting shall be IESNA full cutoff [unless otherwise
permitted in Table 1].
(2) Illumination of a flagpole is permitted, provided that no
more than one narrow beam thirty-nine-watt metal halide par lamp
or its equivalent is used and aimed to only illuminate the flag. The
source of illumination must be shielded in a manner so as not to be
visible from adjacent property.
(3) Light fixtures associated with canopies, including but not
limited to fuel islands, storefronts, shopping malls, theaters, bank
drive-throughs and hotels shall be mounted so that the bottom of
the lens is recessed or flush with the bottom surface of the canopy.
All light emitted from the canopy shall be substantially confined to
the ground directly beneath the perimeter of the canopy. No
lighting of any kind, except as may be permitted by sign
regulations, shall be allowed on the top or sides of a canopy.
(4) All lights on property adjacent to residential zoned land,
except those required for security at entrances, stairways and
loading docks shall be circuited such that lighting shall be reduced
by at least fifty percent (50%) within one (1) hour after the end of
business hours and be operated in such fifty percent (50%) (or
lower) reduced mode until one (1) hour prior to the
commencement of business hours. Lighting closest to the building
or structures shall be circuited separately from lighting on the
property perimeter to allow after-hours controls.
(5) Landscape, special feature accent lighting and facade
lighting shall be located and shielded such that the light source is
not visible from off property.
(6) All stadium and all other exterior sports arena lights used
for the purpose of illuminance of the playing area must be turned
off within thirty (30) minutes of the conclusion of the final event of
the day. The remainder of the facility lighting, except for reasons
of security, must be turned off within one (1) hour after the event,
and remain extinguished until one (1) hour prior to the
commencement of the next event.
(7) Illuminance of a building facade to enhance architectural
features is permitted. Downlighting is preferred, provided that
wall-mounted fixtures are used and illuminance is contained
completely within the vertical face of the building and does not
spill off the building edge. Uplighting may be permitted, provided
that no illuminance escapes the facade. Lights mounted on poles
for the purpose of illuminating the building facade are not
permitted.
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D. Planning Board Action on the Site Plan. Within sixty-two (62) days of the
receipt of a complete application (or the close of any applicable public hearing, whichever is
later) for site plan approval, the Planning Board shall render a decision and thereafter file said
decision with the Town Clerk, and mail such decision to the applicant with a copy to the Code
Enforcement Officer. The time within which a decision must be rendered may be extended by
mutual consent of the applicant and Planning Board.
1. Upon approval of the site plan and payment by the applicant of all fees
and reimbursable costs due to the town, the Planning Board shall endorse its approval on a copy
of the final site plan and shall forward a copy to the applicant, Code Enforcement Officer, and
file same with the Town Clerk.
2. Upon disapproval of a site plan, the planning board shall so inform the
Code Enforcement Officer and the Code Enforcement Officer shall deny a zoning permit to the
applicant. The Planning Board shall also notify the applicant in writing of its decision and its
reasons for disapproval. Such disapproval shall be filed with the Town Clerk.
3. Public Hearing. At its discretion, the Planning Board may determine to
hold a public hearing to consider the site plan. Such hearing, however, is not mandatory.
E. Reimbursable Costs. Reasonable and necessary costs incurred by the Planning
Board for consultation fees or other extraordinary expenses in connection with the review of a
proposed site plan shall be reimbursed to the Town by the applicant, not to exceed a level set out
in the Fee Schedule adopted by the Town Board pursuant to Section 1406 of this Law.
F. Performance Guarantees. No certificate of occupancy shall be issued until all
improvements shown on the site plans are installed or a sufficient performance guarantee has
been posted for improvements not yet completed. The Town Board shall determine the
sufficiency of such performance guarantee after consultations with the Planning Board, Code
Enforcement Officer, town engineer and other appropriate parties.
G. Inspection of Improvements. The Code Enforcement Officer shall be
responsible for the overall inspection of site improvements including coordination with the
Planning Board and other officials and agencies, as appropriate.
H. Integration of Procedures. Whenever the particular circumstances of proposed
development require compliance with either the special use procedure in this zoning ordinance or
other requirements of the town, the Planning Board shall attempt to integrate, as appropriate, site
plan review as required by this section with the procedural and submission requirements for such
other compliance.
Section 601 Other Considerations. In addition to the standards for site plan review set
forth in Section 600 above, the Planning Board may, when it deems it necessary and pertinent to
a full understanding of the scope and nature of a particular proposal, require information
regarding the production, emission, or transmission into the general neighborhood of dust,
smoke, refuse, odor, gas, fumes, noise, vibration, light or similar substance or condition as
follows (and the applicants shall demonstrate that the following standards are met):
A. All applicable building and fire codes have been or can be complied with prior to
issuance of occupancy permit.
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B. Glare from direct or indirect lighting originating from the source shall not cause
illumination in excess of 0.5 footcandles onto neighboring property when measured in an R
district or an A/R district.
C. Toxic substances, materials which are capable of causing injury to living
organisms by chemical means when present in relatively small amounts, shall not be used,
stored, processed, transported or in other ways incorporated into the industrial operations of the
applicant in any manner which threatens the safety of the residents, property or resources of the
Town of Sennett.
D. Smoke emitted from any stack, vent, chimney or combustion process shall not be
of a shade in excess of Ringlemann No. 1, except for a total of three (3) minutes in an eight (8)
hour period where such shall not be of a shade in excess of Ringlemann No. 3. The Ringlemann
Chart is published by the U.S. Bureau of Mines.
E. Odor shall be measured by the Standard Practice for Determination of Odor and
Taste Thresholds By a Forced-Choice Ascending Concentration Services Method of Limits
(ASTM E679-04) or its equivalent. Odor released shall not exceed the odor threshold
concentration at or beyond the district boundary line measured either at ground level or habitable
elevation.
F. Dust and particulate shall not exceed levels set forth by the American Conference
of Governmental Industrial Hygienists.
Section 602 Existing Structures. Existing structures which conform to the use and
dimensional regulations of this ordinance may be routinely maintained, renovated, reconstructed
or restored, from time to time, in conformity with the use and dimensional regulations of the
ordinance then in effect, upon the issuance of a Zoning Permit by the Code Enforcement Officer,
without necessity for prior site plan review and approval of the Planning Board or special permit
from the ZBA.
ARTICLE VII
DIMENSIONAL REQUIREMENTS
Section 700 District Regulations. The regulations for each district pertaining to
minimum lot size, minimum lot width, maximum building coverage, minimum front yard
setback, minimum side yard setback, minimum rear yard setback, and maximum height shall be
as specified in this Section, subject to the further provisions of this Law.
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TABLE OF DIMENSIONAL REQUIREMENTS*
District Minimum Lot Size Minimum
Lot Width
Minimum
Front Yard
Setback
(feet)2
Minimum
Side Yards
Setback
(feet)
Minimum
Rear Yard
Setback
(feet)
Maximum
Height
(feet)
A/R 2 acres 200 65 25 50 35
R
½ acre (21,780
sq. ft.) with public
water and sewer
1 acre without
public water and
sewer
100 35 15 35 35
CL/I 1 acre 125 50 20 30 35
I 4 acres 200 85 40 40 60
H-L (shall comply with A/R dimensional requirements)
COD (shall comply with A/R dimensional requirements for agricultural and residential uses, and
C/LI dimensional requirements for commercial uses)
* See Section 504.8 for accessory building setback requirements.
Section 701 Lot Area or Yards Required. The lot or yard areas required for any new
building or use shall not include any part of a lot that is required by any other building or use to
comply with the requirements of this Law. No lot shall be so altered that the area of the lot or
the dimensions of yards or other open spaces are smaller than herein prescribed.
Section 702 Exceptions to Minimum Lot Sizes and Lot Widths.
A. The provisions of Section 700 shall not prevent the construction of a single family
dwelling (where such use is allowed), provided that 1) the yard requirements specified at the
time of the creation of the lot are observed, 2) the lot was lawful when created, and 3) the lot,
prior to the effective date of this Law, was in separate ownership duly recorded by plan or deed.
In addition, all front, side and rear yard setbacks shall be observed as prescribed in Section 700.
Such lots shall demonstrate the ability to appropriately discharge waste and provide a potable
source of water.
B. Exemption of lots shown on approved subdivision plats shall be made in
accordance with the provision of Section 265-a of New York State Town Law.
Section 703 Traffic Visibility Across Corners (clear sight triangle).
A. On any corner lot, no wall, fence, or other structure shall be erected or altered and
no hedge, tree, shrub, or other growth except agricultural crops shall be maintained which may
cause danger to traffic on any public street due to obscuring of the view. Visual obstructions
shall be limited to a height of not more than two (2’) feet above street level within the triangular
area bounded by the street lines and a straight line drawn between points on each such street line
twenty-five (25’) feet from the intersection of said street lines.
2 Front yard setbacks shall be measured from the street line of the existing street, highway or road.
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B. Where a private accessory intersects a public street, visual obstructions shall be
limited to a height of not more than two (2’) feet above street level within the triangular area
bounded by the street line, the edge of the private access way, and a straight line drawn between
points on both the street line and the edge of the access way ten (10’) feet from the intersection
of said lines.
Section 704 Essential Services. The erection, construction, alteration or maintenance by
public utilities or town or other governmental agencies of underground or overhead gas,
electrical, or water transmission or distribution systems, communication systems, including
poles, wires, mains, drains, sewers, pipes, conduits, cables, hot boxes, telephone junction boxes,
fire boxes, police call boxes, traffic signals, hydrants, and other similar equipment and
accessories in connection therewith (but not including buildings) shall be allowed as reasonably
necessary for the furnishing of adequate service by such public utilities or town or other
governmental agencies or for the public health or safety or general welfare.
Section 705 Terraces, etc., and Projections in Required Yards. Subject to Section 703,
the provisions of Section 700 shall not apply to terraces, steps, uncovered porches, or similar
features not over three (3’) feet above the floor level of the ground story. Arbors, open trellis,
flagpoles, recreation equipment and clotheslines are exempt from Section 700.
Section 706 Front and Side Yards of Corner Lots. A front yard for an individual corner
lot shall be determined by way of the proposed postal address established by the owner of the
parcel. Front and side yard setbacks for corner lots shall be thirty-five (35’) feet.
Section 707 Building Height Regulations. Maximum height regulations shall not apply
to farm buildings, church spires, chimneys, or other structures built above the roof and not
devoted to human occupancy.
ARTICLE VIII
OFF STREET PARKING AND LOADING
Section 800 Required Off-Street Parking and Loading Spaces.
Parking Space. The following off-street parking provisions constitute the minimum space
required for the following buildings and uses hereafter erected, converted, or otherwise
established in any district. These regulations are intended to prevent or alleviate congestion of
public streets and promote public safety.
A. One-Family Detached Dwelling, Two-Family Dwelling. Two (2) off-street
parking spaces for each dwelling unit shall be provided.
B. Multiple Family Dwelling. Two (2) off-street parking spaces for each dwelling
unit shall be provided.
C. Motel, Hotel. One (1) off-street parking space for each rental room or suite, plus
one (1) additional space for each full-time employee on the premises at any given time, shall be
provided.
D. Restaurants and Cafés (Eating or Drinking Establishments). One (1) off-
street parking space for every three (3) seats plus one (1) off-street parking space for every one-
hundred (100) square feet of floor area devoted to customer uses.
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E. Church, Library, Fire Station and Funeral Home. One (1) off-street parking
space for every four (4) seats provided for patrons, customers, members, or guests, plus one (1)
additional off-street parking space for each full-time employee on the premises at any given
time.
1. Where places of public assembly are provided with benches rather than
fixed undivided seats, each two (2’) lineal feet of bench equals one (1) seat.
2. Where no fixed seats are utilized, each fifty (50) square feet of floor area
shall equal one (1) seat.
F. Office Uses. One (1) off-street parking space for each hundred (100) square feet
of gross floor area shall be provided.
G. Stores and Shopping Centers. One (1) off-street parking space for each one-
hundred fifty (150) square feet of gross floor area shall be provided.
H. Institutional Uses. One (1) off-street parking space for each patient or resident
bed (excluding bassinets and cribs), plus one (1) space for each full-time employee on the
premises at any given time, shall be provided.
I. Home Occupation. Two (2) off-street parking spaces in addition to the
requirement for the dwelling shall be provided.
J. Farm Stand. One (1) off-street parking space for each one hundred (100) square
feet of area occupied by the stand, shall be provided, but in no case fewer than three (3) such
spaces.
K. Bed and Breakfasts and Boarding Homes. One (1) off-street parking space for
each guest room in addition to the requirement for the dwelling, shall be provided.
L. Industrial or Manufacturing. One (1) off-street parking space for each five
hundred (500) square feet of gross floor area, shall be provided.
M. Warehousing. Two (2) off-street parking spaces for each employee shall be
provided.
N. Other Commercial Enterprises. For any commercial enterprise not listed in this
Section, one (1) parking off-street space for each three-hundred (300) square feet of gross floor
area shall be provided.
O. General Parking Requirements for Nonresidential or Mixed-Use Structures.
In addition to more specific requirements otherwise listed in this Article, all nonresidential and
mixed use structures shall comply with the following parking provisions:
1. Exemption. Parking facilities existing on the date of enactment of this
Law shall be exempt from compliance with these design standards unless a change of use has
subsequently occurred or the Code Enforcement Officer has determined an unsafe condition
exists and requires modifications to the parking design on the premises.
2. Access and Layout. The curb cut, driveway and parking area shall be
designed so that all vehicle movements to and from the public right-of-way are in a forward
direction. The layout of the parking area shall permit entering and exiting without moving
vehicle(s) parked in other spaces.
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3. Entrances and Exits. The location, number and width of each curb cut
providing access to and from a public road shall be specified by the Planning Board, absent
control by another jurisdiction.
P. Loading and Unloading Space. Off-street loading and unloading space,
sufficient to accommodate the maximum demand generated by the use of the lot, shall be
demonstrated by the applicant and shall be provided on any lot on which a building for
commercial use is hereafter erected or substantially altered. All off-street loading and unloading
spaces shall have an all-weather surface to provide safe and convenient access and use during all
seasons.
Section 801 Design of Off-Street Parking and Loading Facilities.
A. All parking facilities provided under this Article shall be located off the public
right-of-way and shall contain an area of at least two hundred (200) square feet per automobile
parking space exclusive of access ways, aisles, and maneuvering space. (See Site Plan Review
Standards). Each space shall have an all-weather surface, which may consist of gravel, crushed
stone, concrete, or black top.
B. Two or more establishments may join in meeting the requirements of this Article,
provided that the total area for parking is the sum of the individual requirements and the property
owners provide a binding instrument benefitting each property.
C. Driveways and parking areas for nonresidential uses except home occupations
shall include, within the lot lines, turning areas so constructed and surfaced that a vehicle
entering or leaving the property is not required to back onto the street.
D. All illumination on parking lots shall be shielded so as to not spill upon abutting
properties.
ARTICLE IX
SIGNS
Section 900 Conflicts. In the event that any of the Sections of this Article are in conflict,
the most restrictive regulation pertaining to the particular sign in question shall apply.
Section 901 Definition of “Sign”. Sign shall mean and include any permanent or
temporary structure or part thereof, or any device attached, painted, or represented directly or
indirectly on a structure or other outdoor surface that shall display or include any letter, word,
insignia, banner or representation used as, or which is in the nature of, an advertisement,
announcement, visual communication, direction, or is designed to attract the eye or bring the
subject to the attention of the public.
Section 902 Definitions of “On-Premises” and “Off-premises” Signs.
A. On-Premises Sign. A sign that directs attention to a person, business, profession,
home occupation or activity conducted on the same lot. A “for sale” or “for rent” sign relating to
the lot on which it is displayed shall be deemed an “on-premises sign”.
B. Off-Premises Sign. A sign which directs attention to a person, business,
profession, product, home occupation, or activity not conducted on the same lot.
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Section 903 Area of a Sign.
A. The area of sign shall be constructed to include all lettering, wording, and
accompanying designs and symbols, together with the background, whether open or enclosed, on
which they are displayed, but not including any supporting framework and bracing which are
incidental to the display itself.
B. The area of a sign painted upon or applied to a building shall be considered to
include all lettering, wording, and accompanying designs or symbols together with any backing
associated with the sign.
C. Where the sign consists of individual letters or symbols attached to or painted on
a surface, buildings, walls, or windows, the area shall be considered to be that of the smallest
rectangle or other shape which encompasses all of the letters and symbols.
Section 904 Permit Requirements for Signs. All on-premises signs over ten (10 ft2)
square feet in area and all off-premises signs except governmental signs regardless of size shall
require the issuance of a zoning permit before erection or placement. All signs must comply
with all of the regulations contained herein, irrespective of whether a permit is required.
Section 905 Signs Permitted in Districts. No sign or other advertising device shall be
permitted in any district except as follows:
A. On-Premises Signs.
1. Official traffic signs and other official federal, state, county, or town
government signs.
2. Signs displaying the name and address of the occupant of a dwelling,
provided that the area of any such sign shall not exceed three (3) square feet per side and not
more than one (1) such sign shall be erected for each dwelling unit, unless such property fronts
on more than one street, in which case one (1) such sign may be erected on each street frontage.
3. Identification sign for a housing development or an apartment house,
provided that the area of any such sign shall not exceed fifteen (15) square feet per side, and not
more than one (1) such sign shall be erected for any one (1) project, unless such project fronts on
more than one (1) street, in which case, one (1) sign may be erected on each street frontage.
4. Signs advertising the sale of farm products, nursery products, or livestock
produced or raised on the premises, provided that the area of any such sign shall not exceed ten
(10) square feet per side and not more than two (2) such signs shall be placed on property held in
single and separate ownership unless such property fronts on more than one (1) street, in which
case two (2) such signs may be erected on each street frontage.
5. Signs denoting membership in agricultural associations, cooperatives, or
indicating specialization in a particular breed of cattle, hogs, etc. Such signs may also include
the name of the farm or of the owner and shall not exceed ten (10) square feet per side and not
more than two (2) such signs shall be placed on property held in single and separate ownership
unless such property fronts on more than one (1) street, in which case one (1) such sign may be
erected on each street frontage.
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6. Bulletin or announcement board for schools, churches, hospitals,
recreation areas, and other principal uses and buildings other than dwellings, provided that the
area of any such sign shall not exceed twenty-five (25) square feet per side and not more than
one (1) such sign shall be placed on property held in single and separate ownership unless such
property fronts on more than one (1) street, in which case two (2) such signs may be erected on
each street frontage.
7. Identification signs for schools, churches, hospitals, recreation areas, and
other principal uses and buildings other than dwellings, provided that such sign is attached to
part of the building structure to which it relates, does not exceed thirty-two (32) square feet and
further provided that not more than one (1) such sign shall be placed on property held in single
and separate ownership unless the property fronts more than one (1) street, in which case one (1)
such sign may be erected on each street frontage.
8. Signs advertising the sale or rental of non-residential property, provided
that the area of any such sign shall not exceed thirty-two (32) square feet per side and not more
than one (1) such sign shall be placed on property held in single and separate ownership unless
such property fronts on more than one (1) street, in which case, one (1) such sign may be erected
on each street frontage. Such signs shall be removed immediately upon final settlement or
renting of the property.
9. Temporary contractors, developers, architects, or builders’ signs, provided
that the area of any such sign shall not exceed thirty-two (32) square feet per side. However, at
work sites involving residential work where an existing house or garage is being repaired, the
size of the sign shall not exceed five (5) square feet.
10. Trespassing signs, signs indicating the private nature of a road, driveway,
or premises, signs controlling fishing or hunting on the premises, provided that the area of any
such sign shall not exceed four (4) square feet per side.
11. Signs announcing a Home Occupation, provided that the area of any such
sign shall not exceed four (4) square feet and shall be attached to the structure. No such signs
shall be illuminated in the R, A/R and H-L Overlay Zones.
B. Off-Premises Signs.
1. Off-premises signs, which are used for directing patrons, members, or
audience to service clubs, churches, or other non-profit organizations, may be erected subject to
the following requirements:
a. A sign shall indicate only the name of the organization and the
direction to the facility.
b. Only one (1) such sign shall be erected prior to each intersection at
which a turn is required to reach such facility.
c. Signs shall not exceed four (4 sq. ft.) square feet in area for each
organization represented, except for cooperative displays by more than one (1)
organization, in which case the area of any such sign shall not exceed twenty-five
(25 sq. ft.) square feet
2. Signs directing patrons, members, or audience to temporary exhibits,
shows, or events may be erected subject to the following requirements:
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a. No such sign shall exceed thirty-two (32 sq. ft.) square feet in area.
b. Any such sign shall be removed within one (1) week after the date
of the exhibit, show or event.
c. No such sign shall be posted earlier than one (1) month before the
occurrence of the event to which it relates.
3. Official traffic signs and other official federal, state, county, or town
government signs.
Section 906 Signs Permitted to Identify a Business. No sign or other advertising device
shall be permitted except as follows:
A. On-Premises Signs in C/LI I, COD, and A/R & H-L Districts.
1. Signs attached to a building and to be viewed from without, provided that
the total area of all such signs placed on any one building shall not exceed one (1 ft2) square foot
for each one (1) lineal foot of the building’s front wall but in no case shall such sign exceed a
total of forty-five (45) square feet.
2. One (1) free standing sign for each street frontage of a lot provided that
the total area of such sign shall not exceed one (1) square foot for each lineal foot of lot frontage
but in no case shall such sign exceed a total of twenty-five (25) square feet per side.
3. Special temporary promotional devices, signs, or displays such as banners
and pennants.
B. Off-Premise Signs.
1. Off-premises advertising signs shall be permitted in C/LI and I districts
subject to the following requirements:
a. No such sign shall be located within one hundred (100’) feet of a
public street or road right of way.
b. Not more than one (1) such sign shall be placed on any one (1)
property held in single and separate ownership, unless such property has frontage
on more than one street, in which case one (1) sign may be placed on each street
frontage.
c. The area of any such sign shall not exceed eighty (80) square feet,
and the height shall not exceed ten (10’) feet.
2. Off-premises signs, which are used for directing persons to principal uses
shall be permitted in C/LI and I districts in accordance with the following requirements:
a. A sign shall indicate only the name and direction of the principal
use.
b. Only one (1) such sign shall be erected prior to each intersection at
which a turn is required to reach such principal use and not more than fifty (50’)
feet from such intersection.
c. No more than two (2) directional signs shall be erected in the
Town for any one (1) principal use.
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d. Signs shall not exceed fifteen (15) square feet in area.
e. Signs shall be no closer than fifteen (15’) feet to a side lot line and
shall not be located within the street line.
f. Signs shall not exceed ten (10’) feet in height.
Section 907 General Sign Regulations. The following requirements shall apply to all
signs:
A. No sign shall have visible moving or moveable parts or flashing, animated, or
intermittent illumination.
B. No sign shall project more than twelve (12”) inches out from the wall to which it
is attached. Signs not exceeding two (2) square feet in area may be placed perpendicular to a
building face if attached to and below a canopy projection from said building.
C. No sign shall be located within ten (10’) feet of any side lot line.
D. No sign shall be located within any street lines except official traffic signs and
other official government signs.
E. Signs shall not project above the building height limit permitted in any district in
which they are located.
F. All signs except temporary signs shall be constructed of durable material and kept
in good condition and repair.
G. Nonconforming signs once removed shall be replaced only with conforming
signs; however, nonconforming signs may be repainted or repaired provided such repainted or
repaired sign does not exceed the dimension of the existing sign.
Section 908 Temporary Signs. Temporary signs are those signs designed exclusively to
inform the general public of, among other things, a real estate open house, garage or estate sale,
fundraising campaign, political campaign, social event, civic undertaking or annual festivity to
be erected or placed on the property where such event will take place and which have a definable
temporal duration. All such signs and similar purpose signs shall constitute temporary signs and
shall be treated equally under these regulations. Such signs may be allowed in all districts upon
the issuance of a permit by the Code Enforcement Officer upon demonstration that they will not
impede the vision of any street or otherwise create a hazard and further that such temporary signs
may not be placed on public property, except by written permission of the Town Board. The
Town Code Enforcement Officer shall remove any sign in violation of this provision
ARTICLE X
COMMERCIAL TOWERS, TELEVISION AND RADIO TOWERS, COMMERCIAL
MOBILE SERVICES AND SATELLITE DISH ANTENNAE
Section 1000 Commercial Television and Radio Towers or Facilities. Towers or
facilities for transmitting or receiving any signal, broadcast or communication as part of a
business (other than commercial mobile services) or as part of a commercial television, AM
radio or FM radio enterprise may be erected, altered or used only in an A/R, C/LI or I District in
the Town of Sennett within the meaning of this Law, as amended, and may be so erected, altered
or used only upon findings by the Town Board that such structure or use, together with such
conditions and safeguards it may impose, is necessary for the public convenience; that such
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structure or use is not detrimental to the public health, safety or welfare; and that the location
proposed therefore is appropriate. Towers or facilities used exclusively for the broadcast or
communications of official law enforcement, fire control or medical emergency matters are
exempt from this provision.
Section 1001 Commercial Mobile Service Facilities. No commercial mobile service
facility shall hereafter be located, constructed, erected, changed, altered, used or added to in any
district except in conformity with the following provisions:
A. Findings.
1. While the federal government has regulated the commercial mobile
industry, it has reserved to local governments the power to regulate uses with regard to
placement, construction, and other issues
2. Local governments may not exclude such uses or unreasonably
discriminate among providers of functionally equivalent services.
3. According to federal law, local governments may not regulate such uses
on the basis of radio frequency radiation (RFR).
4. The technology underlying commercial mobile service requires that
transmitting facilities be located in proximity to one another, as low-frequency signals are passed
from one service cell to another, in relay fashion.
5. The Town has an interest in minimizing the number of towers that are
located within its borders.
6. The installation of tower structures can have an aesthetically detrimental
impact upon surrounding properties, especially in residential areas.
7. In many cases, antennas mounted on existing structures and towers (i.e.,
co-location) can provide commercial mobile service with minimal or no aesthetic impacts upon
neighboring uses.
8. Where the construction of new towers is necessary in order to provide
commercial mobile services, often it is possible to house more than one such provider on such
structure, thus reducing the proliferation of new tower construction.
B. Purpose.
1. The purpose of this section is to establish predictable and balanced
regulations for the siting of telecommunication facilities in order to accommodate the growth of
such facilities while protecting the public against any adverse impacts on aesthetic resources and
the public health, safety and welfare. The Town of Sennett wants to accommodate the need for
telecommunications facilities while regulating their location and number, minimizing adverse
visual impacts through proper design, siting and screening, avoiding potential physical damage
to adjacent properties, and encouraging joint use of tower structures.
2. This section also seeks to minimize the total number of
telecommunications towers in the community by encouraging shared use of existing and future
towers, and the use of existing tall buildings and other high structures in order to further
minimize adverse visual effects from telecommunications towers.
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3. This section is not intended to prohibit or have the effect of prohibiting the
provision of personal wireless services, nor shall it be used to unreasonably discriminate among
the providers of functionally equivalent services consistent with current federal regulations.
C. Approvals Required for Commercial Mobile Service Facilities.
1. Antennas and accessory equipment related thereto, other than towers, are
permitted in all use districts in the Town provided they are placed on existing structures thirty
(30’) feet or more in height, other than one-family and two-family dwellings, subject to the
following:
a. If located in a C/LI or I district and twenty (20’) feet in antenna
height or less, the site plan must be approved by the Town of Sennett Planning
Board.
b. If located in a C/LI or I district and in excess of twenty (20’) feet
in antenna height, a special use permit must be issued by the ZBA, as established
by Section 1500 of this Law.
c. If located in an R, A/R, C/LI, I, COD, or H-L district, a special use
permit must be issued by the Town of Sennett ZBA.
2. Towers and accessory equipment related thereto are permitted only in the
R, A/R, C/LI, I, COD, and H-L districts upon issuance of a special use permit and subject to the
following:
a. If the tower is one hundred fifty (150’) feet in height or less a site
plan approval must be issued by the Town of Sennett Planning Board upon the
general guidelines, requirements and aesthetic design and standards contained
herein.
b. If the tower is over one hundred fifty (150’) feet in height, but not
greater than two hundred (200’) feet in height, a special use permit must be issued
by the ZBA.
c. For towers proposed to be located within R, A/R, COD, or A/R &
H-L districts, a site plan approval must be obtained complying with the
submission requirements for site plan approval as set forth in this Law and the
general guidelines, requirements and design standards set forth herein.
3. Commercial mobile service antennas or towers, other than those
specifically allowed under this Section 1001(C) are not permitted in the Town of Sennett.
D. General Guidelines and Requirements.
1. Principal or Accessory Use. Antennas and towers may be considered
either principal or accessory uses. A different existing use or an existing structure on the same
lot shall not preclude the installation of an antenna or tower on such lot. For purposes of
determining whether the installation of a tower or antenna complies with district development
regulations, including but not limited to setback requirements, lot coverage requirements, and
other such lot and building requirements, the dimensions of the entire lot shall control, even
though such antenna or tower may be located on leased parcels within such lots.
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2. Nonconforming Uses. Towers that are constructed and antennas that are
installed in accordance with these provisions shall not be deemed to constitute the expansion of a
nonconforming use or structure.
3. Proof of Compliance with Other Laws.
a. All commercial mobile service facilities must meet or exceed all
applicable federal, state and local laws, rules and regulations, including but not
limited to any rules, standards or regulations of the FCC and the FAA. If such
standards, rules, laws or regulations are changed or amended at any time in the
future, then the owners of such facilities shall bring those facilities into
compliance with such revised regulations within six (6) months of the effective
date of such changes or amendments, unless a more restrictive compliance
schedule is mandated by the controlling agency.
b. The operator of any commercial mobile service facility sited
within the Town of Sennett shall submit certification on an annual basis, signed
by a New York State licensed professional engineer, verifying that such facility is
in compliance with all applicable federal, state and local radio frequency radiation
(RFR) emission standards. Such annual certification shall be delivered to the
Town Code Enforcement Officer during the month of December of each calendar
year. This requirement shall be considered an implied condition to any site plan,
special permit and/or use variance granted for such facilities.
4. Compliance with Building Codes. The owner of any commercial mobile
service facility shall locate, construct, erect, use and maintain such facility in accordance with all
applicable building codes.
5. Height Restrictions. The building height restrictions otherwise
applicable in the zoning use district in which a commercial mobile service facility is located shall
not apply to facilities approved in accordance with these regulations. When measuring structure
height in connection with antennas on existing structures, height shall be measured from the
mean elevation at finished grade to the highest point of the existing structure. When measuring
antenna height in connection with antennas mounted on existing structures, such height shall be
measured from the point of such existing structure at which the antenna is mounted to the highest
point of the antenna.
6. Maximum Tower Height. In no event shall any tower exceed a height of
two hundred (200’) feet. Tower height shall be measured from the average elevation at grade
level to the highest point of the tower structure, including all antennas and accessory equipment
attached thereto.
7. Tower Inspections. Towers shall be inspected annually on behalf of the
tower owner by a licensed professional engineer for structural integrity and continued
compliance with these regulations. A copy of such inspection report, including findings and
conclusions, shall be submitted to the Town Code Enforcement Officer no later than December
31 of each calendar year.
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8. Maintenance and Repair. All commercial mobile service facilities shall
be maintained in good order and repair. Routine maintenance and repair shall be conducted
between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday, except for emergency
repairs, which may be undertaken at any time with prior notice to the Town Code Enforcement
Officer.
9. Existing Structures. By way of illustration, existing structures, as
referred to in these regulations governing the siting of commercial mobile service facilities, shall
include but not be limited to signs, church spires, belfries, cupolas, domes, monuments, water
towers, pre-existing tower structures, windmills, chimneys, smokestacks, buildings, utility
towers, clock towers, silos, barns or other agricultural buildings, steeples, radio or television
towers and commercial parking lot light poles.
10. Restriction on Multiple Towers. No more than one (1) tower may be
permitted on any parcel of land.
11. Tower Separation. A minimum radius of four thousand (4,000’) feet
must be maintained between any proposed tower and any existing tower, whether located in the
Town of Sennett or in any adjacent municipality.
E. Aesthetics and Design Standards.
1. Fencing. The base of any tower and anchors on guyed towers shall be
surrounded by an opaque security fence at least eight (8’) feet in height. Such fence shall
enclose the base of the tower, as well as any and all accessory equipment and structures used in
connection therewith.
2. Landscaping. All commercial mobile service facilities located, installed
or constructed at ground level, including towers, tower anchors, accessory structures to towers or
antennas or fencing surrounding such uses shall be visually screened from adjoining residential
properties and public rights-of-way by one (1) row of native evergreen shrubs or trees capable of
forming a continuous hedge of at least six (6’) feet in height within two (2) years of planting.
Additional vegetative screening may be required, as needed, in order to minimize adverse visual
impacts on neighboring properties. Existing on-site vegetation shall be preserved to the
maximum extent possible and no cutting of trees exceeding four (4”) inches in diameter
(measured at a height of four (4’) feet off the ground) shall take place prior to the appropriate site
plan or special permit review and approval. Such landscaping shall be preserved, maintained and
replaced as needed.
3. Signs. Signs shall not be permitted on commercial mobile service towers,
antennas or related accessory facilities, except for signs displaying owner contact information
and safety instructions. Such signs shall not exceed five (5) square feet in surface area.
4. Lighting. Commercial mobile service facilities shall not be artificially
lighted, unless so required by the FAA. If lighting is so required, the lighting alternatives and
design used shall be the minimum mandated by the FAA.
5. Utility Connections. All utility connections to commercial mobile
service facilities shall be installed beneath the ground surface.
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6. Color.
a. Towers. Towers shall either be maintained with a galvanized
finish, painted gray or, subject to any FAA restrictions, be painted a neutral color,
so as to reduce visual obtrusiveness.
b. Antennas. Antennas and accessory equipment installed on
existing structures shall be painted a color that is identical to or closely
compatible with the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible.
c. Accessory Structures Located at Ground Level. Accessory
equipment and structures (other than towers) located at ground level shall be
painted neutral colors that will blend with their natural surroundings to the
maximum extent possible.
7. Tower Access and Parking. A road and parking for one (1) vehicle shall
be provided in order to assure adequate emergency and service access. Maximum use of existing
roads and drives shall be made and at all times ground and vegetation disturbance shall be
minimized.
8. Antennas Affixed to the Face of Existing Structures. Antennas affixed
to the face of existing structures may not protrude in excess of five (5’) feet horizontally between
the antenna and the existing structure face.
9. Tower Co-Location. Commercial mobile service towers shall, to the
maximum extent possible, be designed to provide for co-location (use) by at least five (5)
providers, or designed so that they can be retrofitted to accommodate at least five (5) providers.
However, such co-location standards shall emphasize the lowest tower height possible.
10. Accessory Equipment Located on Building Roofs. Any accessory
equipment located on building roofs shall be located so as not to be seen or to minimize visibility
from ground level.
11. System Connections. Where technologically feasible, connections
between commercial mobile service facilities and the system of which they are a part shall be
made by use of land line cable rather than by parabolic or dish antennas. When such antenna
links are technologically necessary, they shall be located, painted and otherwise situated so as to
minimize visual impacts. In no case shall the diameter of such an antenna exceed six (6’) feet.
12. Tower Setbacks. Towers shall not be located closer than two hundred
(200’) feet to the nearest residential lot line. In all other cases, towers shall be set back from
adjoining properties a distance equal to at least the height of such tower. Furthermore, other
telecommunication accessory facilities shall comply with all existing setbacks within the affected
zone. Setbacks shall apply to all tower parts, including guy wire anchors, and to any accessory
facilities. Additional setbacks may be required by the zoning board or planning board to contain
substantially on-site all icefall or debris from tower failure and/or to preserve privacy of
adjoining residential and public property.
13. Visibility. All commercial mobile service facilities shall be sited, located
and designed so as to have the least possible practical visual impact on the environment and
surroundings.
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14. Fall Zones. Telecommunication facilities shall be constructed so as to
minimize the potential safety hazards and located in such a manner that if the facility should fall,
it will remain within the property boundaries and avoid habitable structures, public streets, utility
lines and other telecommunication facilities.
F. Factors and Considerations in Granting Special Use Permits for Commercial
Mobile Service Facilities. The following factors and considerations shall be considered by the
ZBA in reviewing applications for special use permits related to commercial mobile service
facilities in addition to the standards and findings required in Article XV of this Law:
1. The applicant must demonstrate that the location of the commercial
mobile service facility, as proposed, is necessary to meet the frequency reuse and spacing needs
of the applicant’s system and to provide adequate service and coverage to the intended area.
The applicant must demonstrate that all reasonable measures have been taken to minimize the
visual impacts of the proposed facilities.
2. Additional standards and factors to be considered in reviewing special use
permits relating to towers:
a. Height of the proposed tower.
b. Proximity of the proposed tower to residential structures and
residential district boundaries.
c. Nature of uses on adjacent and nearby properties.
d. Surrounding topography.
e. Surrounding existing tree coverage and foliage.
f. Design of the proposed tower, with particular reference to design
characteristics that have the effect of reducing or eliminating visual obtrusiveness.
g. Proposed ingress and egress to site.
h. Alternatives Analysis. The applicant must demonstrate that no
existing structure, tower or alternative technology that does not require the
construction of a new tower can accommodate the applicant’s coverage and
service needs, i.e., that the proposed site is the most appropriate site among those
available. Evidence submitted to demonstrate that no such alternative is
reasonably available may consist of the following:
(1) No existing towers or structures are located within the
geographic area (search ring) which meet the applicant’s
engineering requirements.
(2) Existing towers or structures are not of sufficient height to
meet the applicant's engineering requirements.
(3) Existing towers or structures do not have sufficient
structural strength or space to support applicant’s proposed needs.
(4) The applicant’s proposed antenna would cause
electromagnetic interference with the existing or planned antennas
on the existing towers or structures or that such existing or planned
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antennas would cause such interference with the applicant’s
antenna.
(5) The existing tower or structure owner is unwilling to
provide access or the fees, costs or contractual provisions required
by the owner of the existing tower or structure in order for the
applicant to co-locate on such tower or structure are unreasonable.
Costs exceeding new tower construction are presumed to be
unreasonable.
(6) The applicant demonstrates that there are other limiting
factors that render existing towers or structures unsuitable.
(7) There is no governmental (federal, state or local) property
available to the applicant within the geographical area (search ring)
which will meet the applicant's engineering requirements.
i. Vegetation and Screening.
(1) Existing on-site vegetation shall be preserved to the
maximum extent possible, and no cutting of trees exceeding four
(4) inches in diameter (measured at a height of four (4’) feet off the
ground) shall take place prior to approval of the special use permit.
Clear-cutting of all trees in a single contiguous area shall be
minimized to the extent possible.
(2) The ZBA may require appropriate vegetative buffering
around the fences of the tower base area, accessory structures and
the anchor points of guyed towers to buffer their view from
neighboring residences, recreation areas, waterways, historic or
scenic areas, or public roads.
G. Application Materials and Supporting Documentation.
1. The following information shall be submitted in support of any application
(site plan, special permit, variance) for a commercial mobile service facility. This information is
required in addition to any other information or documents required under any other section of
this Law pertaining to Site Plan Review, Special Use Permits or Variances.
a. Full application on forms provided by the Town with review fees,
including the names, addresses, phone and fax numbers of the following involved
parties, as appropriate:
(1) The landowner of the project site to be purchased or leased;
(2) The service provider-corporate and point of contact
(include the FCC license number and certificate of need as a public
utility (as/if applicable));
(3) Engineering consultant(s);
(4) Legal representative(s); and
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(5) Other authorized service providers proposing to co-locate
on the tower now or in the near future.
(6) Where co-location is proposed, the names, addresses and
phone numbers of the current owner(s) of the tower, building or
structure upon which the co-location was considered or is
proposed.
b. Full Environmental Assessment Form (Long Form EAF),
including a Visual Environmental Assessment Form (VEAF).
c. The make and model of the planned facility.
d. The manufacturer’s design data pertaining to installation.
e. The applicant’s maintenance and inspection schedule.
f. Identification of the effects such facility will have on other existing
facilities.
g. A safety analysis and certification by a licensed professional
engineer that the proposed facility will be in compliance with all applicable FAA
and FCC laws and regulations.
h. Proof of the site owner’s consent, if the applicant is not the owner
of the site on which the applicant seeks to locate a commercial mobile service
facility.
i. Inventory of Existing Sites. Each applicant shall provide an
inventory of its existing tower sites or other buildings or structures suitable for
potential co-location within the Town or within three (3) miles of the border
thereof, including specific information regarding the height, location and design
of each tower facility or structures including the name, address and phone number
of the owners. The Town may share this information with other applicants
without representing or warranting that such sites are available or suitable.
j. A Site Plan. An applicant seeking approval for siting a
commercial mobile service facility shall submit:
(1) A narrative description of the proposed use including:
(a) Existing site improvements, including access,
utilities, and the presence of existing towers, buildings, or
other structures;
(b) Vegetative cover (e.g., plant cover types, species,
tree types (average, minimum, and maximum) relative
condition (health) of the vegetation; and tree stand
(density) slopes;
(c) Soils and the depth to bedrock;
(d) Wetlands and surface water bodies;
(e) Site drainage;
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(f) Any special plant and animal habitats contained on
the NYSDEC Natural Heritage Program database;
(g) Any historic or archaeological resources on the site
and any historic resources adjacent to the site; and
(h) Where co-location is proposed, provide to-scale site
plans and elevations of the existing tower, building or
structure to be used for co-location. Provide plans,
elevations and details showing the proposed electronic
communication facilities and existing antennas located on
the tower.
(2) A site plan in conformance with this Law which, in
addition to the items required to be shown hereunder, shall include
the following items:
(a) The exact location of the proposed facility,
including any mounting devices, appendages, support
structures and accessory equipment, storage cabinets, or
other materials used in connection therewith.
(b) The location of all structures on the site.
(c) The maximum height, each of the proposed facility
and any structure on which it is proposed to be affixed.
(d) The location, type and intensity of any lighting.
(e) Property boundaries, adjacent uses and zoning
classifications; if part of a larger parcel, include a map of
the larger, parent parcel and the location of the area to be
acquired or leased for the project.
(f) Names and addresses of adjacent property owners,
as contained in public records.
(g) Landscaping and screening plan, including type and
size of existing vegetation and any proposed removal of
same.
(h) Location and nature of utility services and
connecting land line.
(i) Location and nature of access.
(j) Details showing compliance with these regulations.
(k) Scale, north arrow, date and name of preparer.
(l) All bodies of water, wetlands, permanent or
intermittent streams; and mean high watermark for larger
bodies on or adjoining the project site.
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(m) Existing and proposed topographic contours at two
(2) foot intervals in and within two hundred (200’) feet of
all proposed areas to be disturbed.
(n) The proposed limits of vegetation disturbance
and/or clearing related to the proposed construction of the
site access, tower, and accessory structures.
(o) All trees four (4”) inches or greater in size
(measured at a height of four (4’) feet off the ground) to be
removed.
(p) All existing and proposed drainage and erosion
control and stormwater management facilities.
(q) For any new or improved access roads or
driveways, provide a grading plan, centerline profile, and
cross sections (every one hundred (100’) feet showing
proposed and existing contours at two (2’) foot intervals)
and identify the construction material(s) (e.g., gravel,
asphalt).
(r) Provide detailed construction plans and elevation of
the proposed tower, antennas, equipment shelters
(enclosing building, structure, cabinet, shed or box to
contain batteries and electrical equipment). Show all
foundations, piers, structural supports, cross arms, guy
wires and anchors, antenna-mounting mechanisms and
signage. Label the size, material and provide color sample
of all towers, antennas, and accessory structures
(e.g., equipment shelters, security fencing, signage).
2. Additional Submission Requirements for Towers.
a. Identification and description of any anti-climb device.
b. A report from a licensed professional engineer which describes the
tower, including its height and design, demonstrates the tower’s compliance with
applicable structural standards and describes the tower’s capacity, including the
number and types of antennas it can accommodate.
c. A legal description (metes and bounds) of the site on which the
tower is proposed to be located.
d. The site plan shall also show distances between the proposed tower
structure and structures on adjoining properties within five hundred (500’) feet,
together with the names and addresses of all property owners within five hundred
(500’) feet of the boundary of the property on which the tower is proposed, as
contained in public records.
e. A drawing of the proposed tower, including any proposed
attachments, accessory equipment, cabinets or other items used in connection
therewith.
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f. Identification and location of any commercial mobile service
facilities located within the Town or within one mile of the Town, regardless of
ownership.
g. As-built drawings, within thirty (30) days after completion of
tower construction.
h. Visual impact analysis.
H. Removal of Unused Towers, Demolition Bond. An applicant seeking
permission to construct a commercial mobile service facility shall agree, in writing, to remove
such tower and related facilities if it becomes obsolete or ceases to be used for its intended
purpose for a period of twelve (12) consecutive months. If there are two (2) or more users of a
single tower, then this provision shall not become effective until all users cease using the tower.
The applicable Board shall require the applicant to provide a demolition bond or other security
acceptable to the Town for the purpose of removing such facilities in case the applicant fails to
do so as required above.
I. Fees.
1. An applicant for site plan approval, special use permit, or use variance for
a commercial mobile service facility shall submit a nonrefundable fee, as established from time
to time by resolution of the Town Board, to reimburse the Town for the costs of reviewing such
applications. Such fee shall be a deposit and the applicant shall reimburse the reasonable and
necessary costs associated with review of its application.
2. In addition to the preceding paragraph, the applicable Board(s) may retain
technical consultants as it deems necessary to provide assistance in the review of the site location
alternatives analysis. The applicant shall bear all reasonable and necessary costs associated with
such consultation which shall be assessed as an additional application fee. These additional costs
shall be limited to the consultant’s review of the site location alternatives analysis and its report
to the applicable Board(s).
J. Exemptions. The following are exempt from the provisions of this section:
1. Commercial mobile service facilities located on Town of Sennett property.
2. Private, noncommercial television and radio antennas.
3. Commercial mobile service facilities may be repaired or maintained
without restriction.
4. Law enforcement, fire control, E911 and medical emergency facilities.
K. Waivers. In approving a site plan or special use permit, the ZBA or the Town
Planning Board, as the case may be, may waive any of the provisions of these regulations when
it finds that doing so will have no detrimental impact on surrounding properties or on the public
health, safety and welfare and that such waiver is in keeping with the purposes herein set forth.
L. Power to Impose Conditions. In granting any site plan approval, special use
permit or variance for a commercial mobile service facility, the ZBA or the Town Planning
Board, as the case may be, may impose conditions to the extent that such Board concludes that
such conditions are necessary to minimize any adverse effect of the proposed tower on
neighboring properties.
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Section 1002 Satellite Dish Antennas.
A. Findings.
1. Satellite antennas can be visually bulky and unsightly due to their shape,
opacity and size, particularly in residential areas. Satellite antennas, because of their mass, are
often more noticeable than other antennas.
2. The desire to obtain maximum signals with as little interference as
possible may, without regulation, lead satellite antenna owners to place antennas in aesthetically
inappropriate locations and/or in unsafe locations.
3. The size, construction and mounting specifications of some larger satellite
antennas can render them subject to falling over and to severe wind loadings, necessitating
attention to installation to avoid injury to persons and property.
4. Satellite antennas, when ground mounted, can be an attractive site for
children to climb.
5. The visual impact of larger satellite antennas in residential areas is more
significant than in commercial or business areas because building size is smaller and land use is
less dense in residential areas than in commercial/business areas.
B. Purpose. The purposes of this subsection are as follows:
1. To permit reception of satellite transmissions while minimizing the
potential for adverse safety and aesthetic impacts of such uses.
2. To diminish the visual impact of satellite antennas.
3. To encourage safety in the placement of satellite antennas so as to avoid
injury to persons and/or property in the area.
4. To facilitate aesthetic integration of satellite antennas and radio antennas
into overall building and/or lot design.
C. No satellite dish antenna shall be erected, constructed, installed or permitted
unless a building permit is issued by the Town of Sennett Code Enforcement Officer.
1. The application for a building permit shall, in addition to all other
requirements, contain a plot plan sketch showing the proposed location of the dish on the
applicable lot. The sketch plan shall show the dimensions, height, color and design of the dish.
In addition, the sketch shall show all natural and proposed screening of the dish.
2. Dimensions. Any satellite dish antenna located within the Town of
Sennett shall not exceed ten (10’) feet in any dimension, height, width, depth or diameter. All
measurements of height shall be taken from the base at ground level to such satellite dish’s full
vertical position. Measurements shall include all attachments, supports, guy wires and other
equipment attached to or being a part of the antenna.
3. Location. No more than one (1) satellite dish antenna (unless less than
one (1) meter in diameter) shall be located on any lot. All satellite dish antennas shall be
installed at ground level unless a one (1) meter diameter or less antenna is installed on the
structure. No rooftop siting or mounting is permitted for antennaes exceeding one (1) meter in
diameter. All such antennas shall be located in the rear yard or side yard of the owner’s property
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at least ten (10’) feet from the side and rear lot lines or at a distance equal to the height of the
antenna plus six (6’) feet, whichever is greater. When measuring side and rear setbacks, all
cables, guy wires or other supports shall constitute a part of the antenna. The natural grade of the
land may not be altered in any manner so as to provide a greater elevation for the satellite dish
antenna.
4. Screening. The owner of any satellite dish antenna shall install screening
to prevent the dish from being visible from roadways or neighboring residences, insofar as is
reasonably practical, without materially impairing or interfering with reception. Screening may
include natural and existing screening such as trees or residences.
5. Standards.
a. All installations shall be in compliance with the manufacturer’s
instructions and erected in a good and workmanlike manner.
b. All satellite dish antennas and the construction and installation
thereof shall conform to applicable electrical, fire prevention and building codes.
c. All satellite dish antennas shall meet manufacturer’s specifications,
be of noncombustible and corrosive-resistant material and be erected in a secure,
wind-resistant manner.
D. Special Permit. In the event that an owner can demonstrate that the regulations
set forth herein pertaining to the location and screening of satellite dish antennas materially
prevents or impairs reception of satellite services, that owner may apply to the ZBA for a special
permit in accordance with the this Law. In such an event, the applicant must demonstrate the
following:
1. The satellite dish antenna cannot be located in any other location on the
owner’s lot in compliance with this section so that reception of signal is possible.
2. The location applied for in the special permit request is the minimum
deviation from this section needed in order to obtain reception of a signal.
3. The applicant cannot receive a suitable signal with an exempt satellite dish
antenna in a more visible or unscreened location.
4. Alternative measures taken to minimize the visual impact to neighbors and
the public of the proposed satellite dish antenna. In addition to other relevant factors, the ZBA
shall consider the color, height, geographic restrictions, size of the lot and density of the
neighborhood in each instance.
E. Exemptions. The following satellite dish antennas shall be exempt from the
operation of this section:
1. Satellite dish antennas erected prior to the enactment of this section.
2. Satellite dish antennas measuring less than a maximum of six (6’) feet in
diameter.
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ARTICLE XI
REGULATIONS REGARDING POWER GENERATING WINDMILLS AS ON-SITE
USE WIND ENERGY CONVERSION SYSTEMS
Section 1100 On-Site Use Wind Energy Conversion Systems.
A. Intent and Purpose. The Town of Sennett through these regulations seeks to
promote the safe, effective and efficient use of small wind energy systems installed to reduce the
on-site consumption of utility supplied electricity. The Town of Sennett recognizes that wind
energy is an abundant, renewable, nonpolluting energy resource and that its conversion to
electricity will reduce our dependence on nonrenewable energy resources and decrease the air
and water pollution that results from the use of conventional energy sources. It is therefore the
intent and purpose of these regulations to balance the encouragement of this renewable resource
with any impacts such use may have on health, welfare and safety to the community and
preserving and protecting the aesthetic qualities of the Town of Sennett.
These regulations relate to small or on-site use wind energy conversion systems
and do not address large-scale wind turbines or wind farms which are typically intended to sell
energy directly to power companies or retail users. Non-small wind energy systems shall require
a use variance.
B. Permits Required. No person, firm or corporation, or other entity being the
owner or occupant of any land or premises within the Town of Sennett shall use or permit the use
of land or premises for the construction of a tower for on-site use wind energy deriving purposes
without obtaining a special use permit issued by the ZBA and a site plan approval issued by the
Planning Board as hereinafter provided.
C. Special Use Permit.
1. In addition to the criteria established pursuant to Article XV, the following
criteria are hereby established for purposes of granting a special use permit for an on-site use
wind energy conversion system under this Article XI:
a. Noninterference. Individual on-site use wind energy conversion
systems shall not be installed in any location along the major axis of an existing
microwave communications operation where its operation is likely to produce an
electromagnetic interference in the link’s operation.
b. Proximity to Radio, Television and Telephone Systems.
Individual on-site use wind energy conversion systems shall not be installed in
any location where its proximity interferes with existing fixed broadcast,
retransmission, or reception antennae for radio, television or wireless phone.
c. Scenic View Sheds. Individual tower facilities for on-site use
wind energy conversion systems shall not be installed in any location that would
substantially detract from or block the view(s) of all or a portion of a recognized
scenic view shed, as viewed from any public road, right-of-way or publicly owned
land within the Town of Sennett or that extends beyond the border of the Town of
Sennett. For purposes of this subsection, consideration shall be given to any
relevant portions of the current, amended and/or future Town of Sennett
Comprehensive Plan and/or any other current, amended and/or future officially
recognized Town planning document or resource.
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d. Noise Limitations. The level of noise produced during wind
turbine operation shall not exceed fifty (50) decibels beyond the present ambient
sound levels at preconstruction levels, as measured at the boundaries of the
closest parcels that are owned by non-site owners and that abut either the site
parcels or any other parcels adjacent to the site held in common by the owner of
the site parcel, as those boundaries exist at the time of the special use permit
application. The applicant will be required to submit technical data to the
satisfaction of the ZBA as to this requirement. This obligation shall be a
continuing obligation with exceptions only for short-term events such as utility
outages and severe windstorms.
e. Height. It is recognized that wind turbines require greater heights
to reach elevations with wind currents reasonably adequate to generate energy.
On-site use wind energy conversion systems shall not exceed a total height of one
hundred (100’) feet for single-family residential applications (less than or equal to
50 kW) and shall not exceed a total height of one hundred fifty (150’) feet for
nonresidential applications [i.e. farm, small business, etc. (less than or equal to
125 kW)] from the ground to the top of the highest point of blade height (tip) as
extended at its highest vertical point, provided that the application includes
specific evidence that the proposed total height does not exceed the height
recommended by the manufacturer or distributor of the on-site use wind energy
conversion system.
f. FAA Requirements. If the proposed site is near an airport,
seaplane base, or established flight zone, such wind energy conversion system
must meet all Federal Aviation Administration requirements.
g. Ground Clearance. The minimum distance between the ground
and any part of the rotor blade must be thirty (30’) feet.
h. Emergency Shutdown/Safety. The applicant shall post an
emergency telephone number so that the appropriate entities may be contacted
should any wind turbine need immediate repair or attention. This telephone
number should be clearly visible on a permanent structure or post located outside
of the fall zone of the tower. The location should be convenient and readily
noticeable to someone likely to detect a problem. Further, no wind turbine shall
be permitted which lacks automatic braking, governing or feathering system to
prevent uncontrolled rotation, over-speeding, and excessive pressure on the tower
structure, rotor blades, and turbine components or enclosed shelter.
i. Lightning Protection. All energy towers shall have lightning
protection.
j. Ownership. Ownership of the wind energy conversion system
must be the same as the owner of the fee interest in the real property upon which
it is situated. In the event of transfer of ownership of the premises, the ownership
of the wind energy conversion system must also be transferred to same or the
tower must be decommissioned.
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k. Utility Service. All power lines from the wind turbines to on-site
interconnection equipment shall be located underground and installed by certified
professionals and must meet all applicable national, state and local electrical
codes.
l. Lighting. No on-site use wind energy conversion systems under
this provision shall be artificially lighted, unless so required by the FAA.
m. Access Road. To the greatest extent possible, existing roadways
shall be used for access to the site and its improvements. In the case of
constructing any roadways necessary to access the wind energy conversion
system, they shall be constructed in a way that allows for the passage of
emergency vehicles in the event of an emergency. Each application shall be
accompanied by correspondence from the responding fire department and
emergency care provider as to the acceptability of the proposed ingress and egress
to the tower.
n. Security/Anticlimb Device. The design of each device shall not
allow for climbing by the public for a minimum height of fifteen (15’) feet from
the ground.
o. Decommissioning. The applicant shall submit to the ZBA (with a
copy to the Planning Board) a letter of intent committing the owner, and his or her
successors-in-interest, to notify the Code Enforcement Officer within thirty (30)
days of the discontinuance of the use of the on-site use wind energy conversion
system. This letter of intent shall be filed with the Code Enforcement Officer]
prior to the issuance of a building permit. The owner shall remove the obsolete or
unused wind turbines and accessory structures within one (1) year of such
notification. Failure to notify and/or remove the obsolete or unused tower in
accordance with these regulations shall be a violation of this section and the cost
of removing the on-site use wind energy deriving tower and accessory structures
shall be placed as a lien on the property owner’s tax bill. In addition, a
reclamation bond shall be filed with the Town Clerk to cover the costs of
reclamation of the tower. Should the wind energy conversion system be
nonoperational for any continuous six (6) month period, the approvals granted
shall be deemed void and the wind energy conversion system shall be
decommissioned subject to a new approval under this section. Such bond shall be
in place prior to the issuance of a building permit.
p. Setbacks. Wind energy conversion systems shall comply with all
setbacks within the affected district. However, in addition, all on-site use wind
energy conversion systems shall be setback a distance equal to the height of the
tower plus blade length plus an additional twenty-five (25’) feet from all lot lines,
public roads, power lines and preexisting and future structures. Additional
setbacks may be required by the reviewing board in order to provide for the
public’s safety, health and welfare, including the possibility of ice thrown from
the blades.
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2. Public Hearing. No action shall be taken by the ZBA to issue a special
use permit or by the Planning Board to issue site plan approval, nor the ZBA to grant a use or
area variance in relation to an application for an on-site use wind energy conversion system until
after public notice and public hearing. Proper notice of a hearing before a board shall be given
by legal notice published in the official newspaper of the Town of Sennett at least five (5) days
before the date set for such public hearing(s) and written notice mailed to the applicant or his
agent at the address given in the application to be considered. The applicant shall be responsible
for notifying, by certified mail, all property owners of record within five hundred (500’) feet of
the outside perimeter of the boundary line of the property involved in the application of the time,
date and place of such public hearing by mail at least ten (10) days prior to such hearing. Notice
shall be deemed to have been given if mailed to the property owner at the tax billing address
listed on the property tax records of the Town Assessor or at the property address. At least seven
(7) days prior to such hearing, the applicant shall file with the applicable board his/her affidavit
of verifying the mailing of such notices. Failure of the property owners to receive such notice
shall not be deemed a jurisdictional defect.
3. Waiver. The ZBA may, upon exercise of its reasonable discretion, waive
one or more of the submission requirements imposed herein. Relief from all other requirements
must be made by way of area or use variance from the ZBA.
D. Site Plan Review.
1. The following submission requirements must be observed regarding a site
plan application. The Planning Board may require any of the requirements of Article VI as part
of the submission:
a. A completed application form as supplied by the Town of Sennett
for site plan approval for an on-site use wind energy conversion system.
b. Proof of ownership of the premises involved or proof that the
applicant has written permission of the owner to make such application.
c. A plot plan and development plan drawn in sufficient detail, as
prepared by a licensed engineer or surveyor, clearly describing:
(1) Lot lines and physical dimensions of the proposed site,
including contours at five (5’) foot intervals;
(2) Location, approximate dimensions and types of all existing
structures and uses on the site;
(3) Location and elevation of the proposed on-site use wind
energy conversion system;
(4) Location of all existing aboveground utility lines and other
on-site use wind energy conversion systems within twelve hundred
(1,200’) linear feet of the site;
(5) Location and size of structures or trees above thirty-five
(35’) feet within a five hundred (500’) foot radius of the proposed
on-site use wind energy conversion system;
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(6) Where applicable, the location of all transmission facilities
proposed for installation;
(7) Location of all roads and other service structures proposed
as part of the installation;
(8) Landscape plan showing all existing natural land features,
trees, forest cover and all proposed changes to these features,
including size and type of plant material;
(9) Soil type at construction site.
d. Yard Placement. All wind energy conversion systems shall be
located and placed in rear yards and upon yards in an appropriate manner to
accomplish the goals and criteria as hereinafter provided.
e. Color. Neutral paint colors (grays) may be required to achieve
visual harmony with the surrounding area.
f. Applications shall demonstrate that there will be no adverse impact
on migratory bird patterns.
g. In no event shall more than one (1) on-site use wind energy
conversion system be granted for a residential lot, unless a variance is obtained
from the ZBA.
h. All applications shall be accompanied by a full environmental
assessment form, including a visual impact analysis. The following additional
material may be required by the Planning Board:
(1) A digital-elevation-model-based project visibility map
showing the impact of topography upon visibility of the project
from other locations, to a distance radius of three (3) miles from
the center of the project. Scaled use shall depict a three (3) mile
radius as not smaller than two point seven (2.7”) inches, and the
base map shall be a published topographic map showing cultural
features.
(2) No fewer than four (4) color photos taken from locations
within a three (3) mile radius from the proposed location, as
selected by the Planning Board and computer enhanced to simulate
the appearance of the as-built aboveground site facilities as they
would appear from these locations.
2. Site Plan Review Criteria. In addition to the above, no site plan shall be
approved unless the Planning Board determines that the proposed on-site use wind energy
conversion system complies with the following:
a. That the use is oriented in its location upon the site as to layout,
coverage, screening, means of access and aesthetics so that:
(1) The flow control and safety of traffic and human beings
shall not be adversely affected to an unreasonable degree;
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(2) That there be reasonable compatibility on all respects with
any structure or use in the neighborhood, actual or permitted,
which may be directly substantially affected;
(3) That there should not be any unreasonable detriment to any
structure or use, actual or permitted, in the neighborhood; and
(4) That there be a reasonable provision for open space, yards
and recreation areas appropriate to the structure and use.
E. Compliance with Uniform Building Code.
1. Building permit applications shall be accompanied by standard drawings
of structural components of the on-site use wind energy conversion system, including support
structures, tower, base and footings. Drawings and any necessary calculations shall be certified,
in writing, by a New York State registered professional engineer that the system complies with
the New York State Fire Prevention and Building Code. This certification would normally be
supplied by the manufacturer.
2. Where the structure, components or installation vary from the standard
design or specification, the proposed modification shall be certified by a New York State
registered professional engineer for compliance with the seismic and structural design provisions
of the New York State Fire Prevention and Building Code.
F. Compliance with State, Local and National Electric Codes.
1. Building permit applications shall be accompanied by a line drawing
identifying the electrical components of the wind system to be installed in sufficient detail to
allow for a determination that the manner of installation conforms to the standards of the
National Electric Code. The application shall include a statement from a New York State
registered professional engineer indicating that the electrical system conforms to good
engineering practices and complies with the National Electric Code, as well as applicable state
and local electrical codes. This certification would normally be supplied by the manufacturer.
All equipment and materials shall be used or installed in accordance with such drawings and
diagrams.
2. Where the electrical components of an installation vary from the standard
design or specifications, the proposed modifications shall be reviewed and certified by a New
York State registered professional engineer for compliance with the requirements of the National
Electric Code and good engineering practices.
G. Guy Wires. Anchor points for guy wires for the on-site use wind energy
conversion system tower shall be located within lot lines and not on or across any aboveground
electric transmission distribution lines.
H. Insurance. The applicant, owner, lessee or assignee shall maintain a current
insurance policy which will cover installation and operation of the on-site use wind energy
conversion system at all times. Said policy shall provide a minimum of Three Hundred
Thousand ($300,000) Dollars property and personal liability coverage.
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I. Inspections. The Code Enforcement Officer and/or Town Engineer shall have
the right at any reasonable time to enter, in the company of the owner or his agent, the premises
on which a wind energy conversion system is being or is constructed, to inspect all parts of said
wind energy conversion system installation and require that repairs or alterations be made if, in
his judgment, there exists a deficiency in the operation or the structural stability of the system. If
necessary, the Code Enforcement Officer or Town Engineer may order the system secured or to
otherwise cease operation. It shall not be required that the owner or agent be present in the event
of an emergency situation involving danger to life, limb or property.
J. Districts Where Allowed. Subject to the issuance of site plan approval, and a
special use permit, wind energy conversion systems are allowed in all zoning districts in the
Town.
K. Power to Impose Conditions. In granting any site plan approval, special use
permit or variance for an on-site use wind energy conversion system, the ZBA or Planning
Board, as the case may be, may impose reasonable conditions to the extent that such board finds
that such conditions are necessary to minimize any adverse effect or impacts to the proposed use
on neighboring properties.
L. Fees. Fees for applications and permits under this Article shall be established by
resolution of the Town Board of the Town of Sennett.
M. Waiver. The Planning Board may, under appropriate circumstances, waive one
or more of the submission requirements contained herein.
ARTICLE XII
PORTABLE STORAGE STRUCTURES
Section 1200 The use of Portable Storage Structures are allowed pursuant to the following
conditions:
A. There must be no more than one (1) Portable Storage Structure per parcel.
B. No Portable Storage Structure shall exceed ten (10) feet in width, twenty (20’)
feet length or ten (10’) feet in height.
C. A Portable Storage Structure must not remain at a property in any residential
zoning district (R, A/R, H-L Overlay) in excess of ninety (90) consecutive days, and must not be
placed at any one property in a residential zoning district in excess of ninety (90) days in any
calendar year. Portable Storage Structures shall be allowed as an accessory structure in all other
zoning districts.
D. No Portable Storage Structure shall be placed within five (5’) feet of any lot line.
E. No Portable Storage Structure shall be placed within five (5’) feet of a wall of any
building.
Section 1201 Exemptions. The use of Portable Storage Structure shall not be subject to the
conditions set forth in Section 1200, in the following circumstances:
A. The use of Portable Storage Structure associated with an active construction site
where a building permit has been issued, provided that all Portable Storage Structures shall be
removed from the site within fourteen (14) days following the end of construction.
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B. The use of any Portable Storage Structure associated with active cleanup efforts
or temporary storage following any natural disaster or emergency directly affecting the property
where such Portable Storage Structure is used.
ARTICLE XIII
NONCONFORMITIES
Section 1300 Purpose.
A. This Article regulates and limits the continued existence of uses, structures or
other improvements established prior to the effective date of this Law that do not conform to the
regulations of this Law applicable in the zoning districts in which such nonconformities are
located.
B. The zoning districts established by this Law are designed to guide the future use
of the Town's land by encouraging the development of desirable residential, commercial and
industrial uses with appropriate groupings of compatible and related uses and thus to promote
and protect the public health, safety and general welfare.
C. The continued existence of certain nonconformities is frequently inconsistent with
the Comprehensive Plan, and thus the gradual elimination of such nonconformities is desirable.
D. The regulations of this Article are intended to restrict further investments that
would make nonconformities more permanent in their location in inappropriate districts or
locations as well as to discourage the reuse of those other nonconformities that do not contribute
to a neighborhood and are inconsistent with the goals of the Comprehensive Plan. It is the intent
of these regulations to discourage nonconformities and ultimately allow their discontinuance,
particularly nonresidential uses existing in residential districts.
Section 1301 Definitions.
A. Nonconforming Structure or Lot. A structure or lot that does not conform to a
dimensional regulation prescribed by this Law for the district in which it is located or to
regulations for signs, off-street parking, off-street loading, or accessory buildings, but which
structure or lot was legally in existence at the effective date of this Law and was lawful at the
time it was established.
B. Nonconforming Use. A use of a building or lot that does not conform to a use
regulation prescribed by this Law for the district in which it is located, but which was legally in
existence at the effective date of this Law and was lawful at the time it was established.
Section 1302 Continuation. The lawful use of any structure or land legally existing at the
effective time of this Zoning Law of the Town of Sennett may be continued although such use
does not conform with the provisions of this Law except as otherwise provided in this Article.
Section 1303 Alteration or Extension. A nonconforming use may not be enlarged, moved
or expanded, increased in intensity nor may a nonconforming use be changed except to a
conforming use. Such prohibited activity shall include, but not be limited to:
A. Expansion of such use to any structure or land area.
B. Expansion of such use within a building or other structure to any portion of the
floor area that was not occupied by such legal nonconforming use on the effective date of this
Law, or any amendment to this Law, which causes such use to become nonconforming.
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C. An extension or change of the hours of operation of such use beyond the
previously existing legal hours of operation at the adoption of this Law.
Section 1304 Damage, Destruction and Restoration of Non-Conforming Structures. No
structure damaged by fire or other causes to the extent of more than fifty (50%) percent of its fair
market value shall be repaired, reconstructed, or used except in conformity with the regulations
of this Law. Structures with damage to the extent of fifty (50%) percent or less of the fair market
value may be reconstructed, repaired or used for the same nonconforming use subject to the
following provisions:
A. The reconstructed structure shall not exceed the height, area, or volume of the
damaged structure.
B. Reconstruction shall begin within six (6) months from the date of damage and
shall be carried on without interruption (except where there is an active and pending insurance
claim). The burden of proof of such claim shall be on the Property Owner.
C. The determination of the extent of damage as it is related to the associated cost for
repair and replacement shall be made and shall be in the sole reasonable discretion of the Code
Enforcement Officer. The Code Enforcement Officer may consult with relevant professionals to
make this determination.
Section 1305 Abandonment or Discontinuance.
A. When the active operation of a nonconforming use is discontinued or abandoned
for a period of one (1) year, regardless of any intent to resume or not to abandon the use, the use
shall not be reestablished or resumed. The active operation of a use shall be the typical or
normal activities associated with the use. Any subsequent use or occupancy of such land or
structure shall comply with the use regulations of the zoning district in which such structure is
located.
B. For the purpose of this section, the following circumstances, which shall not be
exclusive, shall contribute towards evidence of discontinuance or abandonment of a use:
1. Failure to maintain regular business hours, typical or normal for the use
(past operations of the use and/or industry standards may be used to determine typical or normal
hours); or
2. Failure to maintain equipment, supplies or stock-in-trade which would be
used for the active operation of the use; or
3. Failure to maintain utilities which would be used for the active operation
of the use; or
4. Failure to pay taxes, including, but not limited to, sales taxes, workers'
compensation taxes, property taxes, corporate taxes, etc., that would be required for the active
operation of the use; or
5. Failure to maintain required local, state or federal licenses or other
approvals that would be required for the active operation of the use.
C. The legality of one or more nonconforming uses located within a property shall
not affect the determination that another nonconforming use on the same property has been
discontinued or abandoned.
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D. An owner or operator shall have the opportunity to submit any evidence or proof
that the property and its use has not been discontinued or abandoned. The Code Enforcement
Officer shall then issue a letter of determination based upon the evidence of any of the above
circumstances or other relevant evidence that a nonconformity has continued, been discontinued
or abandoned.
Section 1306 Displacement Prohibited. No nonconforming use shall be extended to
displace a conforming use.
Section 1307 District Changes. Whenever the boundaries of a district shall be changed so
as to transfer an area from one district to another district of a different classification the
foregoing provisions shall also apply to any nonconforming uses or structures existing therein.
Section 1308 Nonconforming Structures.
A. Continuance. Any nonconforming structure which is devoted to a use which is
permitted in the zoning district in which it is located may be continued so long as it remains
otherwise lawful, subject to the restrictions in this section.
B. Repair or Alterations. Any nonconforming structure may be maintained,
repaired or altered, provided no additional nonconformity is created or the degree of the existing
nonconformity is not increased.
C. Damage or Destruction.
1. In the event that any part of a nonconforming structure which contributed
to its nonconformity is damaged or destroyed, by any means, to the extent of more than fifty
percent (50%) of the cost of replacement of said part new, such part shall not be restored unless
it shall thereafter conform to the regulations of the zoning district in which it is located. This
provision shall not apply to preexisting residentially used structures, which shall be allowed to be
repaired and restored only to the extent of the prior nonconformance, such that no additional
nonconformity is created. Such repair and restoration shall commence within one (1) year of the
damage or destruction.
2. When such a part of a nonconforming structure is damaged or destroyed,
by any means, to the extent of fifty percent (50%) or less of the cost of replacement of such part
new, no repairs or restoration except in conformity with the applicable zoning district regulations
shall be made unless a zoning certificate is obtained and restoration is actually begun within six
(6) months after the date of such partial destruction and completed within one (1) year.
3. The determination of the extent of damage as it relates to the associated
cost for repair and replacement shall be made and shall be in the sole reasonable discretion of the
Codes Enforcement Officer. The Code Enforcement Officer may consult with relevant
professionals to make this determination.
D. Moving. No nonconforming structure shall be moved in whole or in part, for any
distance whatsoever, to any other location on the same or any other lot unless the entire structure
shall thereafter conform to the regulations of the zoning district in which it is located after being
moved.
Section 1309 Zoning Permits Required. Zoning permits shall be issued by the Code
Enforcement Officer for all lawful nonconforming uses existing at the effective date of this Law.
The zoning permit shall include a statement that use is nonconforming and shall list the specific
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conditions under which said use may continue. It shall be signed by both the Code Enforcement
Officer and the owner of the property.
Section 1310 Nonconforming Lots of Record. (See Section 702).
Section 1311 Access. A conforming use in one district shall not gain access to that use
through another district where that use is nonconforming other than by public streets or roads.
Section 1312 Legal Nonconforming Residential Use. These rules relating to nonconformity
shall not apply to expansion or renovation of residential uses that have been made
nonconforming by the adoption of the Zoning Law.
ARTICLE XIV
ADMINISTRATION
Section 1400 Code Enforcement Officer - Duties and Powers. The provisions of this
Law shall be administered and enforced by the Code Enforcement Officer who shall be
appointed by the Town Board. The Code Enforcement Officer (who may also be known as the
Zoning Enforcement Officer) shall have the following powers and duties:
A. To submit an annual report to the Town Board of the Town of Sennett listing all
applications received, inspections made, referrals and action taken on each. Copies of this report
shall be transmitted to the ZBAand Planning Board at the same time.
B. To cause any plans, structures or premises to be examined or inspected to
determine compliance with the provisions of this Law and other applicable state and local laws
and regulations. In the fulfillment of these duties, he or she shall be authorized to enter any
premises or structure at a reasonable time and upon reasonable notice (pursuant to law and
consistent with constitutional safeguards and any requisite warrant requirement) to determine
whether or not the same is in violation of this Law and may impose such reasonable conditions,
including but not limited to the posting of securities, as may be deemed necessary to ensure
compliance.
C. To provide the ZBA, in writing, with all facts pertaining to the refusal to issue
development permits and certificates when such information is requested by the Board.
D. For denied development permits to provide, in writing, the specific reasons for
denial and instruct the applicant on the proper methods to apply for relief.
E. To notify, in writing, the person responsible for such violations, indicating the
nature of the violation and ordering the action to correct it.
F. To order discontinuance of illegal uses of land, buildings or structures, removal of
illegal buildings or structures, or of illegal additions, alterations or structural changes; to order
stop work or discontinuance of any illegal work being done, or to take any other action
authorized by this Law to ensure compliance with or to prevent violation of its provisions.
G. On the serving of this notice by the Code Enforcement Officer to the owner of
any property in violation of any of the provisions of this Law, the Certificate of Compliance for
such structure or use shall be held null and void. A new Certificate of Compliance shall be
required for any further use of such structure or premises.
H. To issue appearance tickets pursuant to authorized sections of the New York State
Criminal Procedure Law and to exercise such other powers and duties authorized by state law.
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I. Receive and examine applications for Zoning/Building Permits for initial
completeness and to refer application to the Planning Board for review and recommendation,
when deemed advisable.
J. Issue Zoning/Building Permits after approval and certification of occupancy when
there is compliance with the provisions of this Law and with other Town local laws provided,
however, the issuance of a Zoning/Building Permit shall not be deemed a waiver of the
requirements of any other Town Law or local law.
K. Receive applications for special permits, examine for initial completeness and
forward these applications upon completion to the ZBA for action thereon.
L. Following refusal of a permit, examine them for initial completeness, to receive
applications for zoning variances and appeals from alleged errors of the Code Enforcement
Officer, and forward these applications, upon completion to the ZBA for action.
M. Conduct inspections and surveys to determine compliance or noncompliance with
the terms of this Law.
N. Issue stop, cease, and desist orders, and order in writing correction of all
conditions found to be in violation of the provisions of this Law. Such written orders shall be
served personally or by certified mail upon persons, firms or corporations deemed by the Code
Enforcement Officer to be a violation of the terms of this Law.
O. With the approval of the Town Board, or when directed by them, institute in the
name of the Town any appropriate action or proceedings to prevent the unlawful erection,
construction, reconstruction, alteration, conversion, maintenance or use; to restrain, correct, or
abate such violation, so as to prevent the occupancy of or use of any building, structure or land,
or to prevent any illegal act, conduct, business, or use in or about such premises.
P. Revoke by order, any Zoning Permit issued under a mistake of fact or issued
contrary to the law or to the provisions of this Law.
Q. Maintain a map showing the correct zoning classification of all land.
R. Upon the request of the Town Board, the Planning Board or the ZBA, present to
such bodies facts, records, or reports which they may request to assist them in making decisions.
Section 1401 Zoning Permits.3 As used in this Law, the term “zoning permit” shall mean
the document issued by the Code Enforcement Officer indicating that an owner, tenant, vendee
under contract of sale, or authorized has met all required Town zoning regulations for a proposed
project or proposed change in uses on a particular parcel.
A. No structure shall be erected, constructed, extended, reconstructed or moved; and
no land or building changed in use, until a Zoning Permit has been secured from the Code
Enforcement Officer. Upon completion of changes in use or construction, reconstruction,
extension, or moving of structures, the applicant shall notify the Code Enforcement Officer of
such completion.
3 No part of this section shall relieve a property owner from the requirements of obtaining necessary
building permits pursuant to NYS Fire Prevention and Building Code.
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B. No permit shall be considered as complete or as permanently effective until the
Code Enforcement Officer has noted on the permit that the work or occupancy and use has been
inspected and approved as being in conformity with the provisions of this Law.
C. Zoning Permits shall not be required for: general maintenance work, painting,
clearing woodlands, tilling the soil, or landscaping. However, all such activities shall conform
with the requirements of this Law.
D. Zoning Permits shall be issued with a two (2) year life, provided however, that if
the work is not commenced within six (6) months after the issuance of the Zoning Permit, the
permit shall automatically expire and a new permit shall be required before such work or change
in uses commences.
Section 1402 Special Provisions for Issuance of Zoning Permits in Areas Designated as
Flood Hazard Areas.
A. The Code Enforcement Officer when reviewing applications for Zoning Permits
in areas designated as flood hazard areas of any district, including plans and specifications for
proposed construction, shall in addition to the regular duties, review all Zoning Permit
applications to determine if the proposed construction is consistent with the need to minimize
flood damage.
B. The Code Enforcement Officer shall review all Zoning Permit applications to
determine if the site of the proposed construction is reasonably safe from flooding and to make
recommendations for construction in all areas designated as flood hazard areas.
C. The Code Enforcement Officer in reviewing all applications for construction in
areas designated as flood hazard areas within the Town shall require that any such proposed
construction shall:
1. Be designed and anchored to prevent the flotation, collapse or lateral
movement of the structure or portions of the structure due to flooding.
2. Use construction materials and utility equipment that are resistant to flood
damage.
3. Use construction methods and practices that will minimize flood damage.
4. Provide adequate drainage in order to reduce exposure to flood hazard.
5. Locate public utilities and facilities on the site in such a manner as to be
elevated and constructed to minimize or eliminate flood damage, such utilities and facilities
including sewer, gas, electrical and water systems.
Section 1403 Certification of Occupancy. No land shall be used or occupied and no
building hereafter erected, altered or extended shall be used or changed in use until a certificate
of occupancy shall have been issued by the Code Enforcement Officer stating that the buildings
or proposed use thereof complies with the provisions of this Law and the other laws of the Town
of Sennett.
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Section 1404 Application Requirements for Zoning Permits.
A. All applications for Zoning Permits shall be made in writing by the owner, tenant,
vendee under contract of sale, or authorized agent, on a form supplied by the Town, and shall be
filed with the Code Enforcement Officer. The application shall:
1. Include a statement as to the proposed use of the building or land.
2. Include a site layout drawn to scale showing the location, dimensions, and
height of proposed buildings, structure, or uses and any existing buildings in relation to property
and street lines.
3. Include the number, location and design of parking spaces and loading
spaces if applicable.
4. Include the size, dimensions, location and methods of illumination for
signs, if applicable.
5. Include any additional plans and information reasonably necessary for the
Code Enforcement Officer to ascertain whether the proposed use, change in use, erection,
alteration, or addition complies with the provisions of this Law.
B. A permit for any new use or construction which will involve the onsite disposal of
sewage or waste, or a change in use or an alteration which will result in an increased volume of
sewage or waste to be disposed of on site, or which will require a new or modified water supply,
shall not be issued until a certificate of approval has been issued by the Cayuga County
Department of Health.
Section 1405 Issuance of Zoning Permits. Zoning Permits shall be granted or refused
within fifteen (15) days after the completed written application has been filed with the Code
Enforcement Officer except as provided elsewhere in this Law. Upon completion of the activity
authorized by any Zoning Permit, the holder of such permit shall notify the Code Enforcement
Officer of such completion.
All applications with accompanying plans and documents shall become, and be
preserved, as a public record, subject to the disposition of the Town Board.
Section 1406 Fees. The applicant, at the time of application for a Zoning Permit, shall pay
to the Town Clerk the fee for said permit as established by the Town Board. The Town Board
may, from time to time, amend the fee schedule by resolution.
ARTICLE XV
ZONING BOARD OF APPEALS AND TOWN BOARD
Section 1500 Establishment of Zoning Board of Appeals. Pursuant to the provisions of
Sec. 267 of the Town Law, there is hereby established a Zoning Board of Appeals (ZBA) for the
Town of Sennett appointed by the Town Board of the Town of Sennett.
The ZBA shall have all the powers and duties prescribed by law in connection with
appeals to review any order, decision, determination or interpretation made by an administrative
official, generally the Code Enforcement Officer.
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Section 1501 Membership, Terms of Office.
A. Members. The ZBA shall consist of five (5) members each appointed by the
Town Board to a term of five years such that the term of one (1) member shall expire each year.
B. Term. Successor Board members shall be appointed for the term of five (5) years
from and after the expiration of the terms of their predecessors in office. If a vacancy shall
occur, the Town Board shall appoint a successor who shall serve for the unexpired portion of the
term of his predecessor.
C. Alternates. In addition, the Town Board may appoint two (2) alternate members
to the ZBA. Such members, if appointed, serve when a regular member(s) is absent or unable to
participate in a hearing before the ZBA. An alternate members shall be appointed for a term of
one (1) year.
D. Chairperson and Vice-Chairperson. The Town Board shall appoint one of the
members of the ZBA as Chairperson to preside at all meetings and hearings and to fulfill the
customary functions of that office. The Chairperson shall annually appoint one of his members
as Vice-Chairperson. The Chairperson shall decide on all points of order and procedure, subject
to this Article XV. The Chairperson shall appoint any committees found necessary to carry out
the business of the ZBA. The Chairperson may administer oaths and compel the attendance of
witnesses as necessary to carry out the business of the ZBA. The Chairperson’s signature shall
be the official signature of the ZBA and shall appear on all decisions as directed by the ZBA. In
the absence of the Chairperson, the Vice-Chairperson shall act as Chairperson and shall have all
the powers of the Chairperson.
The Vice-Chairperson shall have such other powers and duties as may from time
to time be provided by the rules of the Board.
E. All members of the ZBA and alternates shall be residents of the Town of Sennett
and shall not be elected or employees of the Town or any of its agencies or departments.
F. All members of the ZBA and alternates may serve with compensation as
determined by the Town Board and shall be entitled, to the extent of available funds
appropriated, to reimbursement for reasonable expenses necessarily incurred in the performance
of their duties.
G. All members of the ZBA (plus the alternates) shall comply with the requirements
of the Town Board relevant to mandatory training.
H. No members of the ZBA shall participate in the hearing or disposition of any
matter in which he or she has an economic interest. Any conflict of interest prohibited by Article
18 of the General Municipal Law shall disqualify a member.
I. Secretary. A secretary of the ZBA shall be designated by the Town Board. The
secretary, subject to the Chairperson, shall keep minutes of all ZBA proceedings, showing the
vote of each member upon every question, or if absent or failing to vote, indicating such fact and
shall also keep records of all ZBA official actions.
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Section 1502 Standard of Conduct.
A. Members of the ZBA are duly appointed public officers of the Town of Sennett
charged with lawfully and appropriately executing the duties conferred upon the ZBA by this
Law and the laws of the State of New York. It is expected that in the performance of these
duties and functions each member will act with honesty and integrity and generally conduct
himself or herself in a manner which generates community trust and confidence in the ZBA and
enhances the role and image of the ZBA and local government generally. To that end, in
carrying out his or her duties and the functions of the ZBA each member shall:
1. Act honestly and with reasonable care and exercise due diligence in the
performance and discharge of his or her official functions and duties; and
2. At all times, seek to advance the common good of the Town and act in the
best interest of the Town in such a way that the credibility and integrity of the Town is not
compromised; and
3. Truly, faithfully and impartially exercise his or her office to the best of his
or her knowledge and ability; and
4. Perform the functions of office in good faith, honestly and in a transparent
manner; and
5. Show respect and courtesy at all times to fellow members of the ZBA,
Town employees, members of the public, residents of the Town and applicants appearing before
the ZBA; and
6. Show respect for Town property and refrain from damaging Town
property; and
7. Conduct himself or herself in a manner that does not endanger fellow
members of the ZBA, Town employees, members of the public, residents of the Town and
applicants appearing before the ZBA; and
8. Refrain from engaging in fighting or other physical alterations with fellow
members of the ZBA, Town employees, members of the public, residents of the Town and
applicants appearing before the ZBA; and
9. Refrain from engaging in sexual, racial, religious or other harassment or
violence directed towards fellow members of the ZBA, Town employees, members of the public,
residents of the Town and applicants appearing before the ZBA; and
10. Refrain from the use of inappropriate or offensive language directed
towards fellow members of the ZBA, Town employees, members of the public, resident of the
Town and applicants appearing before the ZBA.
B. Removal for Cause. Failure to comply with the Standard of Conduct set forth at
Section 1502 above shall constitute grounds for removal of the ZBA members for cause subject
to the following procedures:
1. Notice. Such member shall be mailed a written notice specifying the
nature of such member’s violation of Subparagraph A above.
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2. Public Hearing. Such notice shall specify a date, not less than ten (10) nor
more than thirty (30) days from the date of mailing such notice, when the Town Board shall
convene and hold a public hearing on whether or not such member should be penalized in
accordance with Subsection 5 below. Such notice shall also specify the time and place of such
hearing.
3. Public Notice. Public notice of such hearing shall be published in the
official newspaper of the date, time and location at least ten (10) days prior to the date of the
public hearing.
4. Conduct of Hearing. The public hearing on the charges shall be conducted
before the Town Board. The member shall be given an opportunity to retain an attorney at the
member’s own expense, present evidence, call witnesses to refute the charges, and cross-
examine witnesses. A record of such hearing shall be made. The decision of the Town Board
shall be reduced to writing together with specific findings of the Town Board with respect to
each charge against such member. A copy of such decision and such findings shall be filed in the
Office of the Town Clerk and mailed to the member.
5. Action by the Town Board. Following the hearing and upon a finding that
such member has violated the provisions of Subparagraph A above, the Town Board may:
a. Remove such member from the ZBA; or
b. Issue a written reprimand to such member without removing such
member from such board; or
c. If the Town Board shall find that the reasons for violating the
provision of Subparagraph A above are excusable for good and sufficient cause,
the Town Board may elect to take no action.
Section 1503 Meetings.
A. Regular Meetings. All meetings of the ZBA shall be held at the call of the
Chairperson and at such other times as the ZBA shall determine by providing written notice as
required by law.
B. Annual Meetings. The annual organizational meeting of the ZBA shall be the
first regular meeting of the year called by the Chairperson.
C. Proceedings. The order of business at regular meetings of the ZBA shall be as
follows: (1) roll call; (2) reading and approval of minutes of preceding meeting; (3) public
hearing (when scheduled); (4) action on holdover matters; (5) new business; (6) adjournment.
D. New Business. No new matter will be considered by the ZBA unless a fully
completed and appropriate application for said matter is received by the Code Enforcement
Officer on behalf of the ZBA on the form provided for that purpose at least fourteen (14) days
prior to the date of the meeting at which it is to be considered.
E. Meeting Agenda. The Code Enforcement Officer shall be responsible, at the
direction of the ZBA, for providing any applicant with the proper forms and for instructing the
parties concerned on the proper manner for completing and filing said forms. All information
required thereon shall be complete before an application is considered filed. The Chairperson
shall review all applications so received by the Code Enforcement Officer for completeness. If
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the application is in proper form for consideration, he or she shall place it upon the next meeting
agenda which he or she shall provide to all members at least seven (7) days prior to the meeting.
The Chairperson shall also notify the applicant that the matter has been placed on said agenda. If
said application is incomplete, the Chairperson shall return it to the application within five (5)
days of receipt with instructions as to remedying the same. The Chairperson shall then report to
the ZBA, at the next meeting, as to all incomplete applications not on the agenda.
F. Code Enforcement Officer. At each meeting of the ZBA, the Code Enforcement
Officer shall be present to report, if the Chairperson deems necessary, on the nature of any matter
on the agenda.
G. Executive Meetings. All meetings of the ZBA shall comply with the
requirements of the Open Meetings Law, Section 105 of the Public Officers Law.
Section 1504 Removal.
A. Any member of the ZBA may be removed for cause by the Town Board at any
time; provided, however, that before any such removal, such member shall be given an
opportunity to be heard in his or her own defense at a public meeting.
B. Cause for removal of a member may include one or more of the following:
1. any undisclosed or unlawful conflict of interest.
2. any violation of the rules, codes, or ordinances applicable to the member’s
performance of his or her duties.
3. any unwillingness or inability to carry out his or her duties in a prompt,
conscientious and competent manner.
4. members may be removed from the ZBA if they miss thirty-three percent
(33%) of the meetings during one (1) calendar year, miss three (3) consecutive meetings
unexcused or do not meet their mandatory training requirements set forth in Town of Sennett
Local Law No. 2-2014 titled “A Local Law Establishing Training Requirements for Members
and Alternate Members of the Town of Sennett Planning Board and Zoning Board of Appeals”.
Section 1505 Public Record.
A. The ZBA shall provide for the keeping of the record of the proceedings of the
Board, showing the vote of each member upon every question, or if absent or failing to vote,
indicating such fact.
B. The Town Clerk shall provide for keeping a file of all records of the ZBA, and
such records shall be public records open to inspection at reasonable times and upon reasonable
notice.
Section 1506 Authority. The ZBA shall have the following jurisdiction and authority:
A. Hear and decide appeals from, and review orders, decisions or determinations
made by the Code Enforcement Officer.
B. Approve or deny requests for variances from the requirements of this Law.
C. Hear, review and decide applications for special use permit approval.
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D. Reverse or affirm, wholly or partly, or modify the order, requirement, decision,
interpretation or determination appealed from and shall make such order, requirement, decision,
interpretation or determination as in its opinion ought to have been made in the matter by the
administrative official charged with enforcement of such ordinance or local law and to that end
shall have all the powers of the administrative official from whose order, requirement, decision,
interpretation or determination the appeal is taken.
E. Hear requests for variances as part of an ongoing site plan review of the Planning
Board of the Town of Sennett necessary for the Planning Board to complete review and generate
a decision. Note: this is the only request that can be addressed by the ZBA without prior denial
of a request by the Code Enforcement Officer.
Section 1507 Appeals. Appeals to the ZBA may be taken by any person or Town official
aggrieved or affected by any provision of this Law or by any decision including a denial for
permit or any order to stop, cease, or desist issued by the Code Enforcement Officer in enforcing
the provisions of this Law.
Section 1508 Appeals Process.
A. An appeal shall be made by filing same with the Code Enforcement Officer
within sixty (60) days after the date of the filing of the Code Enforcement Officer’s written
decision.
B. All appeals to the ZBA shall be in writing on standard forms as authorized by the
ZBA, must refer to the specific section/sections of this law being questioned, and must be
accompanied by a payment to the Town of Sennett in accordance with a fee schedule adopted by
resolution of the Town Board of the Town of Sennett.
C. All appeals shall include names and addresses of all adjoining property owners
including those across public roads from the subject property.
D. All appeals shall be complete and contain sufficient information to establish a
foundation for the appeal including reference to the criteria used by the ZBA in establishing its
decision.
E. Criteria used by the ZBA shall be presented to each applicant at the time of
original request for appeal.
F. Setting hearing. For all matters properly brought before the ZBA for which a
public hearing is required, the body charged with conducting the hearing shall, upon receipt of a
completed application, select a reasonable time and place for such a hearing.
G. Official Notice. Where published notice is required, such notice shall be placed
in the official paper of the Town of Sennett or a newspaper of general circulation in the Town at
least once, not less than five (5) days before the date of the hearing.
H. Expense of Notice. The cost of such notice or notices shall be borne by the
applicant, as the case may be.
I. Additional Notice. Notwithstanding the specific notification rules contained in
this section, each Board may, in its own discretion, as the case warrants, provide greater notice in
the interest of fuller public participation.
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J. Testimony of Applicants. All applicants, and applicants only, may be sworn in.
K. Submission Deadlines. All Hearing material, application, supporting documents
and original permit requests must be delivered to each ZBA member no later than two (2) weeks
prior to the assigned date of the applicants Hearing.
L. Pre-Application Meeting. Each applicant will be offered the opportunity to meet
with the Code Enforcement Officer and a member of the ZBA to assist in interpreting the
requirements of an acceptable application and explaining the criteria facing the Board in their
decision making process. These meetings will not compromise the contents of subsection K
above.
M. County Referral. The ZBA shall refer variance and special permit applications
to the Cayuga County Planning Board when required under New York State General Municipal
Law unless exempt from this requirement by intermunicipal agreement between the Cayuga
County Planning Board and the Town of Sennett.
Section 1509 Types of Appeals.
A. Appeal from Alleged Error/Interpretation. An appeal from an alleged error of
the Code Enforcement Officer shall specify the alleged error, the Section or Sections of this Law
to which it pertains and the interpretation thereof that is requested.
B. Request for Variance. A variance is permission granted by the ZBA so that
property may be used in a manner not otherwise allowed by the zoning as of right or by way of
Special Use Permit. It is only the ZBA that has the power to provide for such exceptions from
the requirements of the zoning law.
An appeal for a variance from the strict application of this Law shall include the
denied permit application plus all information referenced in Section 1508.
Variances to be considered refer to dimensional requirements (area) and land use
requirements (use).
C. Request for Special Use Permit. An application for a Special Use Permit shall
include an application for a Building Permit with all required information and a statement
including supporting evidence regarding the merits of the proposed use at the proposed location
and how the proposal complies with the general and specific requirements of this Law including
all of Section 1508.
1. The ZBA shall hear and decide upon application for Special Use Permits
for any uses for which this law requires the obtaining of a Special Use Permit from the ZBA.
2. Applicants bear the burden of proof in establishing the right to a Special
Use Permit.
3. The ZBA shall grant a Special Use Permit when it finds adequate evidence
that a proposed use submitted for Special Use Permit will meet all of the following general
requirements and standards listed for the proposed use. The ZBA shall, among other things,
require that any proposed specially permitted use and location be:
a. In the best interest of the Town of Sennett, the convenience of the
community, the public welfare, and shall be an acceptable addition to the
neighborhood.
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b. Suitable for the property in question and designed, constructed,
operated and maintained so as to be in harmony with and appropriate in
appearance with the existing intended character of the general vicinity.
c. In conformance with all applicable requirements of this law.
d. Suitable in terms of effect on street or highway traffic safety with
adequate access arrangements.
4. In granting a Special Use Permit the ZBA may impose whatever
conditions regarding layout circulation and performance it deems necessary to insure the
objectives of this law are met. These conditions include, but are not limited to the following as
they may relate to lot size and dimensions, height, access, parking spaces, lighting, sign, fencing,
screening, landscaping and open space.
Before granting a Special Use Permit, the ZBA shall make specific written
findings that the proposed major project:
a. Will comply with all provisions and requirements of this Law and
of all other Town of Sennett local laws and regulations and will be consistent with
the purposes of the land use district in which it is located, with the
Comprehensive Plan and with the purposes of this Law.
b. Will not result in the release of harmful substances or any other
nuisances, nor cause excessive noise, dust, odors, solid waste or glare.
c. Will not cause undue traffic congestion, unduly impair pedestrian
safety or overload existing roads, considering their current width, surfacing and
condition.
d. Will have appropriate parking and be accessible to fire, police and
other emergency vehicles.
e. Will not overload any public water, drainage or sewer system or
any other municipal facility or service, including schools.
f. Will not degrade any natural resource, ecosystem or historic
resource.
g. Will be suitable to such conditions on operation, design and layout
of structures and provision of screening, buffer areas and off-site improvements as
may be necessary to ensure compatibility with surrounding uses and to protect the
natural, historic and scenic resources of the Town.
h. Will be consistent with the community’s goals.
i. Will have no greater overall impact on the site and its surroundings
than would full development of uses of the property permitted by right.
Section 1510 Voting Procedure.
A. Quorum. As to matters before the ZBA, no business shall be transacted by the
ZBA without three (3) members of the ZBA being present. The concurring vote of three (3)
members shall be necessary for any action of the ZBA subject to State law.
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B. Voting. A member absent from any portion of a hearing or meeting shall be
qualified to vote at a subsequent hearing or meeting upon the matter heard, provided he or she
has fully informed himself or herself of the essential facts and issues of the matter being heard so
as to be able to cast an informed and independent vote.
C. Roll Call Vote. All voting of the ZBA shall be by roll call vote and duly
recorded as such.
D. Compliance with Open Meetings Law. All meetings and hearings of the ZBA
shall be open to the public.
Section 1511 Decisions.
A. Variances. All variance decisions of the ZBA will be based on review of the
Comprehensive Plan of the Town of Sennett, the New York State Environmental Quality Review
Act (SEQR) 6NYCRR Part 617 and criteria found in New York State Law (as amended)
established for the granting of variances. Criteria listed as follows.
1. Area Variance Criteria.
a. The ZBA shall have the power, upon an appeal from a decision or
determination of the administrative official charged with the enforcement of such
ordinance or local law, to grant area variances as defined herein.
b. In making its determination, the ZBA shall take into consideration
the benefit to the applicant if the variance is granted, as weighed against the
detriment to the health, safety and welfare of the neighborhood or community by
such grant. In making such determination the ZBA shall also consider: (1)
whether an undesirable change will be produced in the character of the
neighborhood or a detriment to nearby properties will be created by the granting
of the area variance; (2) whether the benefit sought by the applicant can be
achieved by some method, feasible for the applicant to pursue, other than an area
variance; (3) whether the requested area variance is substantial; (4) whether the
proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district; and (5) whether the
alleged difficulty was self-created, which consideration shall be relevant to the
decision of the ZBA, but shall not necessarily preclude the granting of an area
variance.
c. The ZBA, in the granting of area variances, shall grant the
minimum variance that it shall deem necessary and adequate and at the same time
preserve and protect the character of the neighborhood and the health, safety and
welfare of the community.
2. Use Variance Criteria.
a. The ZBA, on appeal from the decision or determination of the
administrative official charged with the enforcement of such ordinance or local
law, shall have the power to grant use variances, as defined herein.
b. No such use variance shall be granted by the ZBA without a
showing by the applicant that applicable zoning regulations and restrictions have
caused unnecessary hardship. In order to prove such unnecessary hardship the
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applicant shall demonstrate to the ZBA that for each and every permitted use
under the zoning regulations for the particular district where the property is
located, (1) the applicant cannot realize a reasonable return, provided that lack of
return is substantial as demonstrated by competent financial evidence; (2) that the
alleged hardship relating to the property in question is unique, and does not apply
to a substantial portion of the district or neighborhood; (3) that the requested use
variance, if granted, will not alter the essential character of the neighborhood; and
(4) that the alleged hardship has not been self-created.
c. The ZBA, in the granting of use variances, shall grant the
minimum variance that it shall deem necessary and adequate to address the
unnecessary hardship proven by the applicant, and at the same time preserve and
protect the character of the neighborhood and the health, safety and welfare of the
community.
B. Decisions Supported by Evidence. The ZBA may rely on the personal
knowledge of its members, testimony at the public hearing, or its inspections of the property and
on any reports available to it. Every decision of the ZBA shall be by resolution and shall
expressly set forth any limitations or conditions imposed or any relief approved or work or use
authorized.
C. Findings and Final Decision. Decisions of the ZBA shall first present findings
and conclusions at a meeting open to the public and shall state any special circumstances or
conditions. Decisions shall be final upon adoption of the minutes and/or resolution of the ZBA a
majority of the members and the filing of the minutes and/or resolution with the office of the
Town Clerk of the Town of Sennett whichever occurs first.
D. Failure to Act. In any case where this Law provides that the failure of the ZBA
to act within a fixed period shall be deemed a denial of application, such failure shall,
notwithstanding the absence of required findings and conclusions, be considered to be a decision
of the ZBA rendered on the day following the expiration of such fixed period. Such a decision
may be appealed in the same manner as any other decision. Where no decision is made by the
ZBA and the time period for rendering a decision has not expired, the action will be placed on
the agenda of the next scheduled regular or special meeting.
E. Nature of Decision. Within five (5) business days following the final decision of
the ZBA, the Town Clerk shall mail notice thereof to each person entitled to such notice and file
such decision in the Office of the Town Clerk. However any failure to provide such notice or to
completes such filing shall not affect such decision, nor the time upon which to take an appeal.
As to other matters brought before the ZBA, the ZBA shall prepare such report as it shall deem
appropriate to the subject matter.
Section 1512 Appeal to Court. Any person or persons, jointly or severally aggrieved by a
decision of the ZBA or any officer, department, Board or Bureau of the Town of Sennett may
apply to the Supreme Court for review of the decision by a proceeding under Article 78 of the
Civil Practice Law and Rules. Such proceeding shall be instituted within thirty (30) days after
the filing of a decision in the office of the Town Clerk of the Town of Sennett.
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Section 1513 Fees. Appeals and applications before the ZBA shall be accompanied by a
payment to the Town in accordance with a Fee Schedule adopted by resolution of the Town
Board.
Section 1514 Review by Cayuga County Planning Board. The ZBA shall refer variance
and special permit applications to the Cayuga County Planning Board when required by N.Y.S.
General Municipal Law.
ARTICLE XVI
REMEDIES, PENALTIES, SEVERABILITY
CLAUSE, REPEALER, AND EFFECTIVE DATE.
Section 1600 Enforcement and Remedies. In case any building or structure is erected,
constructed, reconstructed, altered, converted or maintained, or any building, structure or land is
used in violation of this Article or of any other local law, law or other regulation made under
authority conferred thereby, the proper local authorities of the town, in addition to other
remedies, may institute any appropriate action or proceedings to prevent such unlawful erection,
construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct or
abate such violation, to prevent the occupancy of said building, structure, or land or to prevent
any illegal act, conduct, business or use in or about such premises; and upon the failure or refusal
of the proper local officer, board or body of the town to institute any such appropriate action or
proceeding for a period of ten (10) days after written request by a resident taxpayer of the town
so to proceed, any three (3) taxpayers of the town residing in the district wherein such violation
exists, who are jointly or severally aggrieved by such violation, may institute such appropriate
action or proceeding in like manner as such local officer, board or body of the town is authorized
to do.
Section 1601 Fines and Penalties.
A. For any and every violation of the provisions of this Law:
1. The owner, general agent or contractor of a building or premises where
such violation has been committed or shall exist;
2. The owner, general agent, contractor, lessee, or tenant of any part of a
building or premises in which part such violations have been committed or shall exist; and
3. The general agent, architect, builder, contractor, owner, or any other
person who knowingly commits, takes part, or assists in any such violation, or who maintains
any buildings or premises in which any such violation shall exist, shall be liable on conviction
thereof to a fine or penalty not exceeding Two Hundred Fifty Dollars ($250.00) or by
imprisonment for a period not exceeding fifteen (15) days or by both such fine and
imprisonment. The imposition of one penalty for any violation, shall not excuse the violation,
nor permit it to continue; and all such persons shall be required to correct or remedy such
violations or defects within a reasonable time; and when not otherwise specified, each day that
such violations continue, shall constitute a separate offense. The imposition of any such penalty
shall not be held to prohibit the enforced removal of prohibited conditions by any appropriate
remedy, including immediate application for an injunction.
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B. Whenever a violation of this Law occurs, any person may file a complaint in
regard thereto. All such complaints must be in writing and shall be filed with the Code
Enforcement Officer who shall properly record such complaint and immediately investigate and
report thereon to the Town Board.
Section 1602 Severability. It is hereby declared to be the legislative intent that:
A. Should the courts declare any provision of this Law to be invalid or ineffective in
whole or in part, the effect of such decision shall be limited to those provisions which are
expressly stated in the decision to be invalid or ineffective, and all other provisions of this Law
shall continue to be separately and fully effective.
B. Should the courts find the application of any provision or provisions of this Law
to any lot, building or other structure, or tract of land, to be invalid or ineffective, in whole, or in
part, the effect of such decision shall be limited to the person, property, or situation immediately
involved in the controversy, and the application of any such provision to other persons, property,
or situations shall not be effected.
Section 1603 Repealer. The Zoning Ordinance of the Town of Sennett effective as of
January 26, 1990 and all other amendments are hereby repealed. All other existing ordinances or
laws, or parts of ordinances or laws in conflict with this law, to the extent of such conflict and no
further are hereby repealed.
Section 1604 Effective Date. The effective date of this Law shall be October 16, 2014.
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SECTION 2. SEVERABILITY
If the provisions of any article, section, subsection, paragraph, subdivision or clause of this local
law shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not
affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or
clause of this local law.
SECTION 3. EFFECTIVE DATE
This Local Law shall be effective upon filing with the office of the Secretary of State.
(Complete the certification in the paragraph that applies to
the filing of this local law and strike out that which is not applicable.)
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the
supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
DOS-0239-f-l (Rev. 04/14) Page 97 of 106
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 7 of 2014 of the Town of
Sennett was duly passed by the Town Board on October 16, 2014, in accordance with the applicable
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after
disapproval by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. __ of 20__ of the Town of
Sullivan was duly passed by the Town Board on _____ __, 20__, and was (approved/not approved/
repassed after disapproval) by the Town Board and was deemed duly adopted on _____ __, 20__, in
accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. __ of 20__ of the Town of
Sullivan was duly passed by the Town Board on _____ __, 20__, and was (approved/not approved/
repassed after disapproval) by the Town Board on _____ __, 20__.
Such local law was submitted to the people by reason of a (mandatory/permissive) referendum, and
received the affirmative vote of a majority of the qualified electors voting thereon at the
(general/special/annual) election held on _____ __, 20__, in accordance with the applicable provisions of
law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed
requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. __ of 20__ of the Town of
Sullivan was duly passed by the Town Board on _____ __, 20__, and was (approved/not approved/
repassed after disapproval) by the Town Board on _____ __, 20__. Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of _____ __, 20__,
in accordance with the applicable provisions of law.
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. __ of 20__ of the City of
_____ having been submitted to referendum pursuant to the provisions of section (36/37) of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of such city voting thereon at the (special)(general) election held on _____ __, 20__, became
operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. __ of 20__ of the County of
_____, State of New York, having been submitted to the electors at the General Election of November __,
20__, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit
and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election, became operative.
(If any other authorized form of final adoption has been followed,
please provide an appropriate certification.)
DOS-0239-f-l (Rev. 04/14) Page 98 of 106
I further certify that I have compared the preceding local law with the original on file in this
office and that the same is a correct transcript therefrom and of the whole of such original local
law, and was finally adopted in the manner indicated in paragraph 1 above.
Hon. Penelope Dennis, Town Clerk
Town of Sennett
(Seal)
Date: October 16, 2014